Bapi Sarkar And ANR v. State Of West Bengal

08.07.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3233 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Malda Police Station Case No. 498 of 2021 dated 07.10.2021 under Section 6 of the Protection of Children from Sexual Offences Act (charge-sheet filed under Section 17 of the Protection of Children from Sexual Offences Act).

And In Re : Bapi Sarkar & Anr.

...... petitioners Mr. Abhra Mukherjee Mr. Sauradeep Dutta Mr. Rajkumar Rajbanshi ....for the petitioners Mr. Avishek Sinha ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioners were falsely implicated. The principal accused is in custody. The police filed charge-sheet and, therefore, custodial interrogation of the petitioners are not required.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 161 of the Code of Criminal Procedure (Cr.P.C.). There is a 164 Cr.P.C. statement of the victim in the case diary.

Apparently, the victim does not implicate the petitioners in her 164 Cr.P.C. statement.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)