Kanai Ghosh v. State Of West Bengal

22.07.2022 Serial no. 39 [Dd] (Anticipatory bail) Allowed) CRM (A) 3497 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No. 329 of 2021 dated 04.07.2021 (Special Case No. 65 of 2021) under Sections 363/376/34 of the Indian Penal Code, added Section - 6 of the Protection of Chieldren from the Sexual Offences Act.

-AndIn the matter of : Kanai Ghosh ... ... Petitioner Mr. Kallol Mondal, Mr. Krishan Roy, Mr. Arup Sarkar, Mr. Souvik Das, Mr. Sourav Mukherjee, Advocates ... ... For the Petitioner Mr. Avishek Sinha, Advocate ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the statements of the victim recorded under Section 164 of the Criminal Procedure Code, a statement of a neighbour recorded under Section 161 of the Criminal Procedure Code and the medical examination report of the victim.

Considering the medical examination report of the victim, the statement recorded under Section 161 of the Criminal Procedure Code and the statement of the victim recorded under Section 164 of the Criminal Procedure Code

and the age of the petitioner and also considering the fact that police filed charge sheet, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 further condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 3497 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)