Jakir Mondal And ANR v. State Of West Bengal

C.R.M. (A) 2287 of 2023 19.06.2023 Sl. 175 Court No. 29 sdas (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Bongaon Police Station Case No. 429 of 2023 dated 07.05.2023 under Sections 363/366/506/34 of the Indian Penal Code and under Section 6 of POCSO Act.

And In the matter of: Jakir Mondal & Anr.

....petitioners.

Mr. Mrinal Kanti Mukherjee ...for the petitioners.

Mr. Avishek Sinha ...for the State.

1. Heard the learned Counsel for the parties.

2. Co-accused person, Rabiya Shekh @ Rabiya Khatun Shekh, mother of the principal accused, is stated to be released on anticipatory bail by order dated 14.06.2023 in CRM(A) 2230 of 2023. The present petitioners are stated to be on better footing.

3. Considered the materials submitted by the learned Counsel for the parties including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, narration of events in the statement of the victim, substantial progress of the investigation, we direct each of the petitioners shall be released on bail by the Arresting Officer in the event of their arrest on such terms and conditions as deemed just and proper in the facts and circumstances of the case in connection with Bongaon Police Station Case No. 429 of 2023 dated 07.05.2023

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

6. The application being CRM (A) 2287 of 2023 is disposed of.

7. Arresting Officer is directed to act on the server copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)