Debasis Singha v. State Of West Bengal

24.03.2022 Serial no.15 Aloke Ct. No. 29 CRM (A) 1365 of 2022 In re: An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 21.03.2022 in connection with Chandipur P.S. Case No.322 of 2021 dated 05.12.2021 under Sections 363/366 of the Indian Penal Code and Section 6 of the POCSO Act.

-And- In the matter of : Debasis Singha ... ...Petitioner Mr. Amal Krishna Samanta, Advocate ... ... For the Petitioner Mr. Sudip Kumar, Advocate ... ... For the State Petitioner seeks anticipatory bail.

Considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure where she acknowledges her relationship with the petitioner and claims that she left voluntarily with the petitioner and considering the fact that the victim refused any medical examination and considering the respective age of the victim ad the petitioner, 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 on condition that the petitioner will report before the Investigating Officer once in a month till the conclusion of the investigation and on condition that the petitioner shall appear every day 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.

The prayer for anticipatory bail is allowed.

CRM (A) 1365 of 2022 is disposed of.

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