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Calcutta High CourtCRM/4326/2021allowed

Dildar Husen @ Hossain @ Dilu v. State Of West Bengal And ORS.

2021-10-07Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

07.10.2021 Serial no. 87 Aloke Ct. No. 29 (Through Video Conference) CRM 4326 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 25.06.2021 in connection with Harishchandrapur Police Station Case No. 384 of 2021 dated 22.05.2021 under Section 4 of the POCSO Act.

-And- In the matter of: Dildar Husen @ Hossain @ Dilu ... Petitioner Mr. Sourav Chatterjee, Advocate Mr. Sagar Saha, Advocate ... ... For the Petitioner Mr. P.K. Datta, ld. APP Mr. Santanu Deb Roy, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the medical report does not sustain charges sought to be brought against the petitioner.

Learned Advocate appearing for the State draws the attention of the Court to the contents of the statement recorded under Section 164 of the Code of Criminal Procedure of the victim girl and the medical report.

Considering the statements recorded under Section 164 of the Code of Criminal Procedure and considering the medical report, 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 anticipatory bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 jurisdictional court and pray for regular bail within four weeks from date and with a further condition that the petitioner shall

appear before the investigating officer once in a fortnight until further orders.

The prayer for anticipatory bail is allowed.

CRM 4326 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)