Debu Dolai @ Debu Dolui v. State Of West Bengal
05.01.2023 Serial no.7 Aloke CRM (A) 2 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Panskura Police Station Case No. 237 of 2021 dated 01.06.2021 under Sections 363/365 of the Indian Penal Code and charge-sheet submitted under Section 363/366 of the Indian Penal Code. -AndIn the matter of : Debu Dolai @ Debu Dolui ... ... Petitioner Mr. Suman De, Advocate ... ... For the Petitioner Mr. Zareen N. Khan, Advocate Mr. Ashok Das, Advocate ... ...For the State Petitioner seeks anticipatory bail.
Petitioner is about 25 years of age. The victim is about 14 years of age. She recorded a statement under Section 164 of the Code of Criminal Procedure where she claims that she went voluntarily with the petitioner.
The police filed charge-sheet.
Considering the age of the petitioner and the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, we are inclined to grant anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court
including cancelling the anticipatory bail granted without further reference to this Court.
Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 2 of 2023 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)