Calcutta High CourtCRM (A)/192/2022allowed

Sk Suraj Alias Sk Surah Islam v. State Of West Bengal

2022-01-31Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

31.01.2022 Serial no. 02 Dd (Through Video Conference) CRM(A) 192 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Uluberia Police Station Case No. 318 of 2021 dated 23.09.2021 under Sections 448/323/325/427/354/34 of the Indian Penal Code read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 giving rise to Special case (POCSO) No. 52 of 2021.

-AndIn the matter of : Sk. Suraj @ Sk. Surah Islam ... Petitioner Mr. Soumya Banerjee, Advocate ... ... For the Petitioner Mr. Anwar Hossain, Ms. Ratna Ghosh, Advocates ... ...For the State Mr. Sabyasachi Banerjee, advocate .. ...for the de facto complainant Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the police compliant is a result of a family enemity. Other co-accused was granted anticipatory bail in CRM 7830 of 2021 and that another co-accused was granted bail by the jurisdictional Court.

State and the de facto complainant are represented. Learned advocate appearing for the de facto complainant draws the attention of the Court to the statements recorded under Section 164 of the Criminal Procedure Code.

Considering the statements recorded under Section 164 of the Criminal Procedure Code and considering the nature of injury and considering the fact that another coaccused was granted anticipatory bail in CRM 7830 of 2021, 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 before the Court below and pray for regular bail within a period of four weeks from date.

Prayer for anticipatory bail is allowed.

CRM(A) 192 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)