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Judgment
Arindam Lodh, J
Heard Mr. S. Sarkar, learned senior counsel assisted by Ms. Ayesha S. Hirawat, learned counsel appearing for the applicant. Also heard Mr. Raju Datta, learned P.P. appearing for the respondent-State.
The applicant has filed the present application for releasing him on anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, since he is under serious apprehension that he will be arrested in connection with Nutan Bazaar Police Station case no.2024/NTB/020 registered under Section 376 of IPC and Sections 69/74/117(2)/ 351(2)/329(4) of BNS Act.
Prima facie, I am of the opinion that this is not a case falling under the purview of the ingredients embodied in Section 376 of IPC and Sections 69/74/117(2)/351(2)/329(4) of BNS Act. From the F.I.R. itself it is apparent that the applicant and the victim have developed sexual relationship for the last few years and the victim was taking contraceptive pills regularly.
In view of this, prima facie, I am inclined to grant interim bail to the applicant.
Accordingly, in the interim, it is ordered that in the event of arrest, the applicant shall be released on bail on furnishing a bond of Rs.50,000/(Rupees fifty thousand) with one surety of the like amount to the satisfaction of the arresting authority.
List the matter on 13.02.2025 on which date learned P.P. shall produce the case diary relating to Nutan Bazaar P.S. case no.2024/NTB/020.
A copy of this order be supplied to learned counsel appearing for the parties.