Calcutta High CourtCRM (A)/1110/2023allowed

Biswajit Chatterjee Alias Sanu Chatterjee Alias Bishwajit Chatterjee And ANR v. State Of West Bengal And ANR

2023-03-17Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1110 of 2023 17.03.2023 Sl.16 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No.1203 of 2022 dated 24.11.2022 under Sections 448/376/506/34 of the Indian Penal Code and under Section 10 of the POCSO Act.

And In the matter of: Biswajit Chatterjee @ Sanu Chatterjee @ Bishwajit Chatterjee & Anr.

....petitioners.

Mr. Debapriya Samanta ... for the petitioners.

Mr. Pravbas Bhattacharya Mr. Mirza Firoj Ahmed Begg ...for the State.

Petitioners pray for anticipatory bail.

Affidavit of service relating to the service on the de facto complainant filed in Court be taken on record. Apparently, the petitioners are not named in the statements recorded under Section 164 of the Code of Criminal Procedure of the de facto complainant and her daughter.

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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners will report before the Investigating Officer once a fortnight till the conclusion of the investigation 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.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 1110 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)