Saddam Hossain @ Saddam Hossaion v. The State Of West Bengal And ANR.
C.R.M. (A) 5474 of 2023 02.02.2024 ML.751 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No.1124 of 2023 dated 23.10.2023 under Sections 341/506 of the Indian Penal Code read with Section 10 of the Protection of Children from Sexual Offences Act. (Special Case No.97 of 2023).
And In the matter of: Saddam Hossain @ Saddam Hossaion ....petitioner.
Mr. Kallol Mondal Mr. Krishan Ray Mr. Souvik Das Ms. Roma Ray Mr. Anamitra Banerjee ...for the petitioner.
Mr. Bidyut Kumar Ray Ms. Debjani Dasgupta ... for the State.
Victim recorded her statement under Section 164 of the Code of Criminal Procedure where, she implicated the petitioner in the incident of bad touch.
Her version is not corroborated by any independent witnesses.
Incident apparently occurred in a locality.
There is an issue of false implication.
In such circumstances, we 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will
report before the Investigating Officer once a month till the conclusion of the investigation and on 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. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.
C.R.M. (A) 5474 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)