Abdul Rahim Alias Md Abdul Rahim Alias Abdul Sk Alias Rahim Sk v. State Of West Bengal

42.

13-08-2021 (ct. no.32) debajyoti CRM 2668 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nalhati Police Station Case No.139 of 2020 dated 0708-2020 under Sections 363/366/506/120B of the Indian Penal Code and Sections 8/10/12 of the Protection of Children from Sexual Offences Act. - A n d - In the matter of : Abdul Rahim alias Md Abdul Rahim alias Abdul Sk. alias Rahim Sk.

.... Petitioner.

Mr. Angshuman Chakraborty ... For the Petitioner.

Mr. Saswata Gopal Mukherji, learned Public Prosecutor, Ms. Faria Hossain, Ms. Sonali Das ... For the State.

The petitioner undertakes to affirm and stamp the petition as per Rules within a week from date of passing of this order. Subject to such undertaking, the application is taken up for hearing.

The petitioner is the father of the prime accused, who, we are told was apprehended and has been released on bail by this Court vide order dated December 23, 2020 passed in CRM 10102 of 2020.

There appears to have been a love affair between the prime accused and the victim. We have considered the material on record. Prima facie, we find nothing incriminating against this petitioner. Further, charge-sheet has already been submitted.

In view of the aforestated, we are inclined to hold that immediate custodial interrogation of the petitioner may

not be necessary so long the petitioner cooperates with further investigation, if any.

Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioner shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure and shall meet the Investigating Officer once every fortnight until further orders.

In the event the petitioner fails to adhere to any of the conditions stipulated in Section 438(2) of the Code of Criminal Procedure, the learned Court below will be at liberty to cancel the anticipatory bail without further reference of this Court.

The application for anticipatory bail being CRM 2668 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )