Abbaz Gazi v. The State Of West Bengal

06.06.2022.

58.

Ct.No.28 as (Allowed).

C.R.M. (A) 2292 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Hasnabad P. S. Case No.161 of 2019 dated 30.03.2019 under Sections 341/325/354/307 of the Indian Penal Code and Section 12 of POCSO Act.

In the matter of : Abbaz Gazi.

... Petitioner.

Mr. Kallol Kr. Basu, Md. Jannut Ul. Jirdous, Ms. Titni Majumder.

...for the Petitioner.

Mr. Avishek Sinha.

.....for the State.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case.

Learned Advocate appearing for the State opposes the prayer for anticipatory bail. He submits that the petitioner had absconded for a considerable period of time. We have considered the materials on record. Statement of the victim does not implicate the petitioner. Investigation is complete.

Under such circumstances, we are inclined to 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 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 further condition that the petitioner shall appear before the court below and pray for regular bail within four weeks from date.

This application for anticipatory bail is, thus, disposed of.

(Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)