Gabinda Barman @ Bappi Barman v. State Of West Bengal
03.09.2020 SL No.88 AP CRM 6174 of 2020 With IA No.: CRAN 1/2020 (Old No: CRAN 4679 of 2020) (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dinhata P.S. Case No.248 of 2020 dated 24.07.2020 under Sections 363/365 of the Indian Penal Code and read with Section 6 of the Protection of Children from Sexual Offences Act.
And In the matter of: Gobinda Barman @ Bappi Barman & Anr. ....Petitioners.
Mr. Sudip Guha ...for the Petitioners.
Mr. A.S. Chakraborti ...for the State.
Petitioners undertake to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being IA No.: CRAN 1/2020 (Old No: CRAN 4679 of 2020) is disposed of.
It is submitted on behalf of the petitioners that they are not the principal accused and the victim has been recovered. Learned lawyer for the State submits that the statement of the victim did not name the petitioners.
Having considered the materials on record and bearing in mind the extent of complicity of the petitioners in the light of the aforesaid submission made on behalf of the State, we are inclined to grant anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest, the petitioners namely (1) Gobinda Barman @ Bappi Barman and (2) Mithun Barman 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 also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
The application for anticipatory bail is, thus, disposed of. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)