Bablu Das v. The State Of West Bengal And ANR.

09.09.2024 Court No.29 Item No. 44 Allowed sg CRM (A) 3174 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the BNSS, in connection with Harishchandrapur Police Station Case No. 613 of 2024 dated 20.07.2024 under Sections 6/17 of the POCSO Act, pending before the learned Additional Sessions Judge cum Judge Special Court (POCSO) at Chanchal, Malda. And In Re: Bablu Das Petitioner Mr. Arindam Jana Md. Sabbir Biswas For the Petitioner Mr. Saryati Datta Ms. Payel Ghosh For the State Ms. Jenifar Alam Megha For the defacto complainant 1.

The petitioner is the father of the boy with whom the victim had a love relationship. Accordingly, it appears that the boy eloped with the girl. Both are minor. An FIR was lodged after four months of the incident. The victim has been recovered. Presently, the victim is with her parents. 2.

Considering the materials available in the case diary, the nature of dispute and having regard to the nature and extent of complicity of the petitioner who happens to be the father of the minor child with whom the victim girl had eloped and also considering the role played by him in this regard, we are of the view that custodial interrogation of the present petitioner is not necessary. 3.

Accordingly, we direct that in the event of arrest, the present petitioner, namely, Bablu Das, shall be released on bail upon furnishing a bond of Signed By :

SANJIB GHOSH High Court of Calcutta 10 th of September 2024 01:10:19 PM

Rs.5,000/-, with two registered sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The petitioner shall meet the I.O. as and when required till the submission of the final report. The petitioner shall appear before the learned Additional Sessions Judge cum Judge Special Court (POCSO) at Chanchal, Malda, within two weeks from date.

4.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

5. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Shampa Dutt (Paul), J.)