Sumit Mondal v. State Of West Bengal And ANR

18.07.2023 (M/L 124) Ct. No.29 Allowed (SKB) CRM (A) 2520 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Khargram P.S. Case No.78 of 2023 dated 11.03.2023 under Sections 354C/34 of the Indian Penal Code and under Section 12 of the POCSO Act.

In the matter of : Sumit Mondal ... Petitioner Mr. Manas Kumar Das ... for the petitioner Mr. Iqbal Kabir ... for the State

1. Heard the learned Counsel for the parties.

2. Though there is oral statement of the victim, it is fairly submitted at the Bar that there is no substantive corroborative evidence regarding the offence alleged against the petitioner whose present age is about 24 years without any record of past criminal antecedent. Investigation is stated to have progressed substantially.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of evidence and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of

the case. The petitioner is directed to appear before the IO once in a fortnight on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.

4. Within 21 days from today petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

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

6. The application being CRM(A) 2520 of 2023 is disposed of.

7. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

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