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Calcutta High CourtCRM (A)/3816/2023allowed

Koyel Sk. And ANR. v. State Of West Bengal

2023-09-21Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3816 of 2023 21.09.2023 ML. 208 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Rampurhat Police Station Case No. 232 of 2023 dated 12.07.2023 under Sections 363/365 IPC (corresponding to G.R. Case No. 1050 of 2023).

And In the matter of: Koyel Sk. & Anr.

....petitioners.

Mr. Saryati Datta Mr. Sanjib Kr. Dan Mr. Chitrak Biswas ...for the petitioners.

Mr. Angshuman Chakraborty ...for the State.

1. Heard learned Counsel for the parties.

2. Perused the statement of the victim who is stated to be a minor.

3. From such statement, it appears that prima facie no case has been made out either under Section 363 IPC or under Section 365 IPC as against the present two petitioners.

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

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. Accordingly, the prayer for anticipatory bail is allowed.

7. The application being CRM (A) 3816 of 2023 is disposed of.

8. The I.O. is hereby directed to act upon the server copy of this order, if required.

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