Lala Ghosh And ANR v. State Of West Bengal And ANR

21.08.2023 (M/L 275) Ct. No.29 Allowed (SKB) CRM (A) 3076 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Ketugram P.S. Case No.93 of 2023 dated 10.02.2023 under Sections 363/366/120B/109 of the Indian Penal Code and Section 17 of the POCSO Act. In the matter of : Lala Ghosh and another ... petitioners Mr. Tapodip Gupta ... for the petitioners Mrs. Sreeparna Das ... for the State

1. Heard the learned Counsel for the parties.

2. The petitioner no.1 is the uncle of the principal accused, Paritosh Ghosh and the petitioner no.2 is the son of the petitioner no1. From the statement of the victim recorded under Section 164 Cr.P.C., it is found that there is no allegation against the present petitioners so far as the transaction is concerned.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

5. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The application being CRM(A) 3076 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy of this order.

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