Calcutta High CourtCRM (A)/330/2022allowed

Sontosh Dolui @ Santosh Dolui v. State Of West Bengal

2022-01-27Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

27.01.2022 Serial no.54 Aloke (Through Video Conference) Ct. No. 29 CRM (A) 330 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 19.01.2022 in connection with Khanakul Police Station Case No. 41 of 2021 dated 26.01.2021 under Sections 341/325/326/307/354/379/427/34 of the Indian Penal Code and Section 8 of the POCSO Act.

-AndIn the matter of : Sontosh Douli alias Santosh Dolui ... ...Petitioner Mr. Suman Chakraborty, Advocate ... ... For the Petitioner Mr. Saibal Bapuli, ld. APP Mr. Arani Bhattacharyya, Advocate ... ... For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the police complain is a result of political rivalry. He draws the attention of the Court to the contents in the first information report itself.

Learned Advocate appearing for the State draws the attention of the Court to the contents in the case diary including the statement recorded under Section 164 of the Code of Criminal Procedure of the victim.

In response to a query of the Court, learned Advocate appearing for the State submits that the police filed chargesheet. Considering the fact that the police filed charge and considering the contents in the FIR, 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 subject to the conditions as laid down under Section 438(2) of

the Code of Criminal Procedure, 1973 and with a further condition that the petitioner shall appear before the Court below and pray for regular bail within four weeks from date and on further condition that the petitioner shall appear before the Court below on every date fixed for hearing.

The prayer for anticipatory bail is allowed.

CRM (A) 330 of 2022 is disposed of.

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