Fulan Mandal And ANR. v. State Of West Bengal And ANR

14.03.2024 Serial no. 12 Anticipatory Bail [Allowed] Dd CRM (A) 907 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Taherpur Police Station Case No. 29 of 2024 dated January 10, 2024 under Sections 323/325 of the Indian Penal Code, 1860 and Section 12 of Protection of Children from Sexual Offences Act, 2012 pending before Ld. Additional District and Sessions Judge, Special Court(under POCSO Act), Ranaghat, Nadia -AndIn the matter of : Fulan Mandal & Anr.

... ... Petitioners Ms. Sananda Bhattacharyya, Advocate ... ... For the Petitioners Mr. Soumik Ganguli, Advocate ... ...For the State Apparently, there was an altercation and an incident of pushing and shoving.

Victim recorded a statement under Section 164 of the Criminal Procedure Code.

It is debatable, on the basis of such statement as to whether provisions of the Protection of Children from Sexual Offences Act, 2012 are attracted or not.

Principal accused was granted bail by the jurisdictional Court.

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 Signed By :

DEBABRATA DAS High Court of Calcutta 14 th of March 2024 02:34:26 PM

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 no. 2 shall report before the Investigating Officer once in a month till the conclusion of the investigation and petitioner no. 1 shall cooperate with the investigation till its completion and on further 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.

Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 907 of 2024 is disposed of.

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