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Calcutta High CourtCRM (A)/1414/2022allowed

Raju Parui v. State Of West Bengal

2022-03-25Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak1 pages

25.03.2022 tkm/ct 28 C.R.M.(A) 1414 of 2022 sl no. 27 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Dhubulia P.S case no. 62 of 2022 dated 2.2.2022 under sections 363/365/120B of the IPC and added section 6 of the POCSO Act And Allowed In Re : Raju Parui ...... petitioner Mr. K Bagchi Mr. Amanul Islam Mr. Sourav Mukherjee Mr. D Ghosh ...... for the petitioner Mr. S Bapuli ...... for the State Mr. Arup Sarkar ...... for the de facto complainant It is submitted on behalf of the petitioner that there was a love affair between the parties and he has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for bail. Having considered the materials on record and bearing in mind the nature of allegations in the light of the aforesaid submission that there was a love affair between two young persons, we are of the opinion custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail. 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 that the petitioner shall appear before the court below and pray for regular bail within four weeks from date. The application being CRM(A) 1414 of 2022 is disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)