Calcutta High CourtCRM (A)/2784/2023allowed

Sahib Khan @ Saip Khan v. State Of West Bengal

2023-08-08Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2784 of 2023 08.08.2023 SL. 11 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Panchla Police Station Case No. 367 of 2021 dated 02.11.2021 under Sections 448/323/354/427/506/509/34 IPC read with Section 12 of the POCSO Act (corresponding to Special T.R. No. 9 of 2022).

And In the matter of: Sahib Khan alias Saip Khan ....petitioner.

Mr. Debajyoti Deb Ms. Somdyuti Parekh ...for the petitioner.

Mr. Abhra Mukherjee Mr. Dipankar Mahata ... for the State.

1. Heard learned Counsel for the parties.

2. Considered the materials placed by the learned Counsel for the parties including the statement of the victim recorded under Section 164 Cr.P.C.

3. From the statement of the victim, we do not find any ingredients to constitute offence under Section 12 of the POCSO Act at least prima facie on the basis of police papers.

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

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and completion of investigation, it is directed that the petitioner shall surrender before the learned Additional Sessions Judge, 2nd Court - cum - learned special Judge (POCSO Act), Howrah in Special T.R. Case No. 9 of 2022 arising out of the aforesaid P.S. case within 15 days from today. On his appearance and application for bail he shall be

released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that the petitioner shall appear before the learned Trial Court on each date of substantive hearing subject to provision of Section 317 Cr.P.C.

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

7. The application being CRM (A) 2784 of 2023 is disposed of.

8. Learned Additional Sessions Judge, 2nd Court - cum - learned special Judge (POCSO Act), Howrah is hereby directed to act upon the server copy of this order, if required. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)