Calcutta High CourtCRM (A)/5001/2022allowed

Nityananda Maity v. State Of West Bengal

2022-11-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

07.11.2022 Serial no. 100 [Dd] (Anticipatory bail) Allowed) CRM (A) 5001 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bhagwanpur Police Station Case No. 333 of 2022 dated 26.08.2022 under Sections 354/354(A)/509/34 of the Indian Penal Code and Sections 10/12/17/18/8 of the Protection of Children from Sexual Offences Act. -AndIn the matter of : Nityananda Maity ... ... Petitioner Mr. Amal Krishna Samanta, Advocate ... ... For the Petitioner Mr. Joydeep Roy, jr. govt. adv.

Mr. Amanul Islam, Advocate ... ...For the State Petitioner prays for anticipatory bail.

Learned appearing for the petitioner submits that the petitioner was falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the statements of the victim recorded under Section 164 of the Criminal Procedure Code. Apparently, the victim was 17 years of age at the time of incident.

Considering the statement of the victim recorded under Section 164 of the Criminal Procedure Code and considering the fact that police filed charge sheet, we are inclined to 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/- (Rupees Ten Thousand Only), 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 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 5001 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)