Calcutta High CourtCRM (A)/868/2023allowed

Ramjan Mollick v. State Of West Bengal

2023-03-27Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

27.03.2023 Serial no. 02 [Dd] (Anticipatory bail) Allowed) CRM (A) 868 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Egra Police Station Case No. 376 of 2021 dated 01.09.2021 under Sections 363/366/34 of the IPC.

-AndIn the matter of : Ramjan Mollick ... ... Petitioner Mr. Anirban Mitra, Mr. Amit Halder, Advocates ... ... For the Petitioner Mr. Abhra Mukherjee, Ms. Manisha Sharma, Advocate ... ...For the State Md. Wasim Akram, Advocate .. ...For the victim girl The petitioner is apparently aged 24 years.

The victim claims herself to be 19 years of age. In her statement recorded under Section 164 of the Criminal Procedure Code, she exonerated the petitioner. De facto complainant is represented.

In view of the age of the petitioner and the statement of the victim recorded under Section 164 of the Criminal Procedure Code and the materials in the case diary, 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 report before the Investigating Officer once in a month till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 868 of 2023 is disposed of.

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