Harekrishna Biswas And ANR v. State Of West Bengal And ANR

C.R.M. (A) 648 of 2024 26.02.2024 DL-28 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chapra Police Station Case No. 11 of 2024 dated 08.01.2024 under Sections 447/325/326/354B/379/506/34 of the Indian Penal Code, 1860 and Section 8 of Protection of Children from Sexual Offences Act, 2012 (POCSO Sessions Case Spl No.10 of 2024)(G.R. Case No.202 of 2024).

And In the matter of: Harekrishna Biswas & Anr.

....petitioners.

Mr. Atis Kumar Biswas Ms. Piyu Mondal ...for the petitioners.

Ms. Amita Gaur ...for the State.

Police filed charge sheet.

Apparently, in an incident of assault injuries suffered were classified as simple injuries.

As to whether, the petitioners were involved in outraging the modesty of a woman or not in such incident, may be decided at the trial.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. The prayer for anticipatory bail of the petitioners is allowed. C.R.M. (A) 648 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)