Calcutta High CourtCRM (A)/1416/2024allowed

Nazmul Hoque @ Az Md Nazmul Hoque v. State Of West Bengal And ANR

2024-04-30Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1416 of 2024 30.04.2024 DL-45 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Lalgola Police Station Case No.143 of 2024 dated 26.02.2024 under Sections 354A/354B/354C/384/506/34 of the Indian Penal Code, 1860 read with Sections 10/12 of the POCSO Act with adding Section 6 of POCSO Act, pending before the Learned Judge, Special Court, POCSO Act, Lalbagh, Murshidabad. (CSpecial No.08 of 2024) And In the matter of: Nazmul Hoque @ AZ Md Nazmul Hoque ....petitioner Md. Bani Israil ...for the petitioner.

Mr. Arindam Sen Mr. Debarshi Brahma ... for the State.

1. Leave granted to the learned Advocate-on-record for the petitioner to correct the cause-title.

2. Principal accused is in custody.

3. Police filed charge sheet.

4. Petitioner before us is the father of the principal accused.

5. Victim does not implicate the petitioner in her statement recorded under Section 164 of the Code of Criminal Procedure.

6. In such circumstances, we grant anticipatory bail to the petitioner.

7. Accordingly, we direct that in the event of arrest, the petitioner shall be released on 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 also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall Signed By :

ABHIJIT DAS High Court of Calcutta 30 th of April 2024 04:38:37 PM

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.

8. The prayer for anticipatory bail of the petitioner is allowed.

9. C.R.M. (A) 1416 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 30 th of April 2024 04:38:37 PM