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Calcutta High CourtCRM (A)/5678/2023allowed

Md. Zeyauddin v. State Of West Bengal And ANR

2024-02-20Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 5678 of 2023 20.02.2024 ML-595 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kulti Police Station Case No. 484 of 2023 dated 07.09.2023 under Sections 363/365 of the Indian Penal Code, 1860, added Section 4 of the POCSO Act.

And In the matter of: Md. Zeyauddin ....petitioner.

Mr. Apurba Kumar Datta ...for the petitioner.

Mr. A. Hossain Mr. R. Jana ...for the State.

Affidavit of service filed in Court be taken on record. None appears for the victim.

Victim recorded her statement under Section 164 of the Code of Criminal Procedure which is one of exoneration. Police filed charge sheet.

Considering such materials in the case diary, 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 also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 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. The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 5678 of 2023 is disposed of.

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