Md Adil v. State Of West Bengal

25.04.2024 21 & 22 Ct. No. 29 S.D.

C.R.M.(A) 4305 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Watgunge Police Station Case No. 05 dated 13.01.2023 under Sections 376/307 of the Indian Penal Code read with Section 6 of POCSO Act.

With C.R.M.(A) 4508 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with South Port P.S. Case No. 1134 dated 18.12.2022 under Sections 184/129/130(1)/39/192/177 of the M.V. Act.

And In the matter of: Md. Adil .........petitioner Mr. Gunjan Kumar Singh Mr. Kaushal Kumar Mr. Deb Pratim Lodh ...for the petitioner Mr. Rudradipta Nandy, A.P.P., Mr. Iqbal Kabir .... For the State in C.R.M.(A) 4305 of 2023 Mr. Avishek Sinha ...for the State in C.R.M.(A) 4508 of 2023 Mr. Anirban Mitra ...for the defacto complainant Two applications are taken up analogously as both are at the behest of a juvenile.

A Coordinate Bench held that an application for anticipatory bail at the behest of a juvenile is not maintainable in C.R.M. 2739 of 2021 by a judgment and order dated January 20, 2022.

Signed By :

Surojit Das High Court of Calcutta 25 th of April 2024 06:12:10 AM

The issue is pending before the larger Bench as will appear from August 23, 2023 passed in C.R.M. 2739 of 2021. The issue is also pending before the Hon'ble Supreme Court in Special Leave to Appeal (Criminal) No. 1269 of 2023 dated October 9, 2023.

In view of the judgment and order dated January 20, 2022 passed by the Coordinate Bench in C.R.M. 2739 of 2021 which is binding upon us, we find the two applications to be not maintainable.

Accordingly, C.R.M.(A) 4305 of 2023 and C.R.M.(A) 4508 of 2023 are disposed of as not maintainable.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

Surojit Das High Court of Calcutta 25 th of April 2024 06:12:10 AM