Jyotimoy Jana v. State Of West Bengal And ANR

24.01.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 328 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nazat Police Station Case No. 221 of 2021 dated 18.09.2021 under Sections 363/365 of the Indian Penal Code with adding Section 376 of the Indian Penal Code and Section 4 of the POCSO Act. And In Re : Jyotimoy Jana ...... petitioner Mr. Kallol Kumar Basu ....for the petitioner Mr. Abhra Mukherjee Mr. Dipankar Mahata ....for the State Police filed charge-sheet.

The statement of the victim recorded under Section 164 of the Code of Criminal Procedure is one of exoneration of the petitioner.

In such circumstances, we 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/-, 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 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)