Ram Sarkar @ Ram Chandra Sarkar v. State Of West Bengal

06.06.2022 tkm/ct 28 C.R.M. (A) 2338 of 2022 sl no. 99 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Habra P.S Case no. 802 of 2021 dated 1.12.2021 under sections 341/354 of the IPC and section 8/12 of the POCSO Act And Allowed In Re : Ram Sarkar @ Ram Chandra Sarkar ...... petitioner Sk Toslim Ali Ms. S Parween ...... for the petitioner Ms. Faria Hossain Ms. Sonali Das ...... for the State It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered materials on record and bearing in mind the nature of allegations, we are of the opinion though custodial interrogation of the petitioner is not necessary, movement of the petitioner requires to be restricted in order to instill confidence in the mind of the de facto compliant.

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, to the 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 and on further condition that the petitioner while on bail shall not enter the jurisdiction of Habra P.S. until further orders except for the purpose of investigation and attending court proceeding and shall

report to the concerned officer in charge within whose jurisdiction he shall reside while on bail once in a week until further orders and shall provide the address where he shall presently reside while on bail to the investigating officer as well as court below. Petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM(A) 2338 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)