Calcutta High CourtCRM (A)/2166/2023allowed

Abdul Bari v. State Of West Bengal

2023-06-05Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2166 of 2023 05.06.2023 Sl. 25 Court No. 12 Sourav/ Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Pukhuria Police Station Case No. 95 of 2023 dated 21.03.2023 under Sections 341/323/506/354/354A/354C/354D/34 of the Indian Penal Code, 1860.

And In the matter of: Abdul Bari ....petitioner.

Md. Nauroz Rahber ...for the petitioner.

Mr. Swapan Banerjee Ms. Sima Biswas ...for the State.

1. Heard Md. Nauroz Rahber, learned Counsel for the petitioner and Mr. Swapan Banerjee, learned Counsel for the State.

2. This petition for anticipatory bail being CRM (A) 2166 of 2023 arises out of Pukhuria Police Station Case No. 95 of 2023 dated 21.03.2023 under Sections 341/ 323/ 506/ 354/ 354A/ 354C/ 354D/ 34 IPC.

3. It is fairly submitted at the Bar that the petitioner is aged about 20 years old and the victim girl is aged about 19 years old. They are stated to be classmates. It is alleged that the petitioner pulled the hand of the girl and took the photograph of the girl along with some of the friends and posted it in social media. The alleged photograph shown to us in the case diary by the learned Counsel for the State appears not to be offensive in any manner.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, substantial progress

in the investigation, tender age of the petitioner and possibility of reform in him, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. Within 21 days of the receipt of server copy or certified copy of this order, the petitioner is directed to appear before the I.O along with a copy of this order.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. The application being CRM (A) 2166 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)