Sk, Sahadat And ORS v. State Of West Bengal And ANR

29.09.2022.

08.

AD/KC (Allowed).

C.R.M. (A) 4609 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection Ghatal P. S. Case No. 140 of 2022 dated 26.04.2022 under Sections 363/365/34 of the Indian Penal Code, 1860 and added Section 376(2)(n) of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

In the matter of : Sk. Sahadat & Ors.

... Petitioners.

Mr. Subhasish Pachhal ...for the Petitioners.

Ms. Zareen N. Khan Mr. Arup Sarkar.

.....for the State.

Petitioners are the parents of the principal accused. They pray for anticipatory bail.

Learned Advocate appearing for the State produces the case diary.

Statement of the victim lady is exonerative in nature. Keeping in mind the extent of complicity of the petitioners in the alleged crime and as the statement of the victim lady is exonerative in nature, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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 petitioners shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and on condition that the petitioners shall appear every day 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, disposed of.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)