Md. Aluddin v. State Of West Bengal

11.06.2021 rrc CRM 1592 of 2021 In re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak PS Case No. 315 of 2020 dated 24.11.2020 under Section 6 of the Protection of Children from Sexual Offences Act. In the matter of : Md. Alauddin ..... petitioner Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha .....For the petitioner Mr. Rana Mukherjee Mr. Sudip Chakraborty .....For the State The petitioner, a retired assistant teacher, aged about 65 years, is apprehending arrest in connection with Manikchak PS Case No. 315 of 2020 dated 24.11.2020 under Section 6 of the Protection of Children from Sexual Offences Act. Mr. Angshuman Chakraborty, learned counsel appearing for the petitioner submits that there is longstanding dispute between the parties over a plot of land.

The petitioner is innocent and has been falsely implicated and there is no chance of his absconding or tampering of evidence and that he would attend trial on the dates fixed for the purpose. It is also pointed out that F.I.R. is without expressly the date of occurrence and it would reflect that the F.I.R. is the outcome due to the dispute. Further, the petitioner is a cardiac patient with angioplasty done on 24.07.2019.

Having considered the formal F.I.R. and the written complaint and also the statement of the victim, we are inclined to admit the petitioner on anticipatory bail.

We accordingly direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.5,000/- (Rupees Five Thousand Only) with two sureties of like amount of each to the satisfaction of the arresting officer and subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application being CRM 1592 of 2021 is allowed and disposed of accordingly.

(Saugata Bhattacharyya, J.) (Shivakant Prasad, J.)