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Calcutta High CourtCRM (A)/2560/2023allowed

Sariful Hoque v. State Of West Bengal And ANR

2023-07-19Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Apurba Sinha Ray3 pages

C.R.M. (A) 2560 of 2023 19.07.2023 ML. 162 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No. 232 of 2023 dated 05.05.2023 under Sections 341/354A/506/34 IPC read with Section 12 of the POCSO Act.. And In the matter of: Sariful Hoque ....petitioner.

Mr. Jisan Hossain Ms. Chandrima Debnath ...for the petitioner.

Mr. Prasun Kumar Datta, Ld. APP Mr. Nirupam Dhali ...for the State.

1. Heard learned Counsel for the parties.

2. Considered the materials placed by them including the statement of the victim recorded under Section 164 Cr.P.C. which prima facie makes out an offence under Section 354A IPC read with Section 12 of POCSO Act.

3. The petitioner is stated to be a boy of 20 years old.

4. The investigation is stated to have progressed substantially.

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

6. The petitioner is directed to appear before the I.O. within 21 days from today along with a server copy or certified copy of

this order.

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

8. The application being CRM (A) 2560 of 2023 is disposed of.

9. The I.O. is hereby directed to act upon the server copy of this order, if required.

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