Sk Obaidullah v. State Of West Bengal

17.12.2021.

30.

as (Allowed).

C.R.M. 7566 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Panchla P. S. Case No.60 of 2021 dated 24.02.2021 under Sections 448/323/354B/506/34 of the Indian Penal Code and Section 8 of POCSO Act.

In the matter of : Sk. Obaidullah.

... Petitioner.

Mr. Fasiur Rahman Molla, Ms. Mukulika Saha.

...for the Petitioner.

Mr. Shiladitya Banerjee, Mr. Mainak Gupta.

.....for the State.

Heard the learned Advocates appearing for the parties. It is pleaded that there is a family dispute and he has been falsely implicated in the instant case.

Learned Advocate appearing for the State opposes the prayer for anticipatory bail and produces the Case Diary. Having considered the materials on record including the statement of the victim girl, we are of the opinion that custodial interrogation of the petitioner is not necessary and the petitioner may be granted anticipatory bail, however, subject to strict condition.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of

Criminal Procedure, 1973 and on condition that the petitioner shall meet the Investigating Officer once in a week until further orders and on further condition that the petitioner shall appear before the trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, disposed of.

(Bivas Pattanayak,J.) (Joymalya Bagchi, J.)