Abhijit Giri v. State Of West Bengal And ANR

11.03.2024 Item No.7 Ct. No. 29 CHC Allowed C.R.M.(A) 843 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with New Town Police Station Case No. 343 of 2023 dated 01.11.2023 under Sections 448/342/354/506 of the Indian Penal Code and under Sections 8/12 of POCSO Act.

And In the matter of : Abhijit Giri ...... petitioner Ms. Minoti Gomes, Mr. Dilip Kumar Shyamal ....for the petitioner Mrs. Mamata Jana ....for the State Petitioner prays for anticipatory bail.

Apparently, there are existing disputes between the private parties. Petitioner apparently complained to the local Councilor as against the family members of the victim. Thereafter, the present police complaint was lodged. Police filed charge-sheet.

We perused the statement of the victim recorded under Section 164 of the Criminal Procedure Code.

Apparently, the Case Diary at this stage does not contain materials to corroborate such statement.

In such circumstances, we 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 Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 11 th of March 2024 06:33:08 PM

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 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. This application for anticipatory bail is, thus, allowed. CRM(A) 843 of 2024 is disposed of.

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