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Calcutta High CourtCRM (A)/5919/2022allowed

Jahangir Hossain Molla v. State Of West Bengal

2022-12-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

21.12.2022 Serial no.25 Aloke CRM (A) 5919 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bhangore Police Station Case No. 499 of 2022 dated 05.08.2022 under Sections 363/365/384/34 of the Indian Penal Code and Section 6 of the POCSO Act.

-AndIn the matter of : Jahangir Hossain Molla ... ... Petitioner Mr. Uday Sankar Chatterjee, Advocate Mr. Santanu Maji, Advocate ... ... For the Petitioner Mr. Navnil De, Advocate ... ...For the State Petitioner seeks anticipatory bail.

The police filed charge-sheet.

The victim was recovered. The petitioner is not named in the statement of the victim recorded under Section 161 or 164 of the Code of Criminal Procedure. The principal accused was granted bail by this Hon'ble Court.

In such circumstances, 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) 5919 of 2022 is disposed of.

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