Shek Imdadul Islam @ Imdadul v. State Of West Bengal

02.09.2021 tkm/ct 29 C.R.M. 5616 of 2021 sl no. 29 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Narayanpur P.S Case no. 187 of 2021 dated 18.7.2021 under sections 448/354 of the IPC and sections 8/10 of the POCSO Act And Allowed In Re : Shek Imdaul Islam alias Imdadul ...... petitioner Mr. A Chakraborty Mr. S S Saha ...... for the petitioner Mr. Sandip Chakraborty ...... for the State Petitioner seeks anticipatory bail.

Learned advocate for the petitioner submits that the petitioner was falsely implicated in the instant case involving sections 8/10 of the POCSO Act. He submits that the petitioner lent and advanced money to the parents of the victim girl. The petitioner was threatened with criminal case in the event the petitioner sought refund of the money lent and advanced. Petitioner lodged diary against the de facto complainant on July 17, 2021. Learned advocate for the State opposes the prayer for anticipatory bail. He draws attention of the court to the statement recorded under section 164 Cr.P.C.

Having considered the materials in the case diary and the gravity of the offence, 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 also 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 meet the investing officer twice in a week until further orders. Petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM 5616 of 2021 is disposed of. (Ananda Kumar Mukherjee, J.) (Debangsu Basak, J.)