Astam Ghosh And ANR. v. State Of West Bengal

C.R.M. (A) 2218 of 2023 13.06.2023 Sl. 91 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Bhimpur Police Station Case No. 135 of 2023 dated 20.04.2023 under Sections 448/427/363/365/366/506/34 of the Indian Penal Code, 1860.

And In the matter of: Astam Ghosh & Anr.

....petitioners.

Mr. Ashok Das Mr. Amanul Islam Mr. Sourav Mukherjee ...for the petitioners.

Mr. Anwar Hossain Mr. Ratna Ghosh ...for the State.

1. Heard learned Counsel for the parties.

2. The petitioner no. 2 is the father of the petitioner no. 1. They are alleged to have kidnapped the victim girl and kept her in another place in detention. After four days of the alleged kidnapping, the petitioners are alleged to have handed over the victim girl in the Police Station of Bhimpur. There is no allegation of any overt act or indecency against the victim by any of the petitioner.

3. Investigation is stated to have progressed substantially.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, their status and substantial progress in the investigation, it is directed that the each of the petitioner shall be released on bail in the event of their arrest by the Arresting Officer on such terms and conditions as deemed just and proper in the facts and circumstances of the case in Connection with Bhimpur Police

Station Case No. 135 of 2023 dated 20.04.2023.

5. Within 21 days of the receipt of server copy or certified copy of this order, the petitioners are 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) 2218 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)