Kowsar Sardar @ Kuosar Ali Sardar v. State Of West Bengal

06.09.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4278 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sonarpur Police Station Case No. 694 of 2022 dated 19.06.2022 under Section 354 of the Indian Penal Code, 1860 and Section 10 of the Protection of Children from Sexual Offences Act.

And In Re : Kowsar Sardar alias Kuosar Ali Sardar ...... petitioner Mr. Angshuman Chakraborty ....for the petitioner Mr. Goutam Banerjee ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated. He submits that, there was a dispute with regard to measurement of a land. The petitioner and the de-facto complainant are relatives. Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) as also her medical examination report.

Considering the materials in the case diary and, in particular, the medical examination report of the victim and considering the fact that the issue of false implication cannot be

overlooked at this stage, we 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/-, 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 meet the Investigating Officer once a fortnight till the conclusion of the investigation and on 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)