Bikash Mondal And ORS v. State Of West Bengal And ANR

C.R.M. (A) 2604 of 2023 20.07.2023 SL. 37 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with POCSO. Case No. 54 of 2023 arising out of Malda P.S. Case No. 177 of 2023 dated 03.04.2023 under Sections 363/365/109 of the IPC and added Sections 9/10/11 of the Child Marriage Act read with Sections 6/17 of the POCSO Act pending before the learned Special Judge (POCSO Act), Malda.

And In the matter of: Bikash Mondal & Ors.

....petitioners.

Mr. Kazi M. Rahman ...for the petitioners.

Mr. Binay Panda Ms. Puspita Saha ...for the State.

1. Heard learned Counsel for both the parties.

2. Charge-sheet is stated to have been filed in the meantime.

3. Regard being had to facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of offence and completion of investigation, it is directed that each of the petitioner shall surrender before the learned Special Judge (POCSO Act), malda within 15 days from today in Spl. Case No. 54 of 2023 arising out of aforesaid P.S. case. On their appearance and application for bail each of the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. The learned Special Judge (POCSO Act) is directed to act upon the server copy of this order, if required.

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

6. The application being CRM (A) 2604 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)