Uttam Chandra Sarkar v. State Of West Bengal And ANR

06.06.2024 12.

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Allowed CRM (A) 1890 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 24.05.2024 in connection with Banshihari Police Station Case No.05 of 2024 dated 04.01.2024 under Section 313 of the Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.

In the matter of : Uttam Chandra Sarkar ... Petitioner Mr. Santanu Singha, Mr. Debayan Sen, Mr. Amit Kumar Roy ...for the Petitioner Mr. Rana Mukherjee, Mr. Rahul Ganguly .....for the State Affidavit of service filed today be kept on record. Having regard to the fact that the main accused is a minor and the petitioner is his father and also having regard to the nature of allegations against the petitioner as apparent from the 164 Statement of the victim, we are inclined to grant anticipatory bail in favour of the petitioner. Accordingly, CRM (A) 1890 of 2024 is allowed on condition that in the event of arrest, the petitioner shall be released on bail on condition that the petitioner shall furnish a bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of the Investigating Officer. The petitioner shall meet the Investigating Officer as and when required.

The petitioner shall comply with the conditions as stipulated in Section 438(2) of the Code of Criminal Procedure.

CRM (A) 1890 of 2024 is, accordingly, allowed. Criminal Section is directed to supply certified copy of this order, if applied for, upon compliance of necessary formalities.

(Kausik Chanda, J.) (Apurba Sinha Ray, J.)