Snehasis @ Snehasish Hembram v. State Of West Bengal And ANR
26.04.2024 Ct. No. 29 S.D.
Allowed C.R.M.(A) 1232 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Debra Police Station Case No. 544 of 2023 dated 10.11.2023 under Sections 376(2)(n)/313/341 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012, pending before the learned Additional District & Sessions Judge, 2nd Court, Special Court under the POCSO Act, Paschim Medinipur.
And In Re : Snehasis @ Snehasish Hembram ...... petitioner Ms. Madhurai Sinha ...for the petitioner Ms. Zareen A. Khan Mr. Santanu Talukdar ...for the State State informed the defacto complainant as to the pendency of the present proceeding.
None appears for the defacto complainant.
Materials in the case diary suggest that there was a longstanding relationship between the two adults. The allegations are that when the defacto complainant was a minor, advantage was taken by the petitioner. Such incident relates to 9 years back. Allegation of miscarriages also relates to 8 years back. Considering 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/-, with two sureties of like amount each, to the Signed By :
Surojit Das High Court of Calcutta 26 th of April 2024 04:57:56 AM
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. The petitioner will report before the Investigating Officer once a week till the conclusion of the investigation. 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. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :
Surojit Das High Court of Calcutta 26 th of April 2024 04:57:56 AM