Calcutta High CourtCRM/6955/2020allowed

Jalilur Rahaman v. State Of West Bengal

2020-09-23Hon'Ble Justice Samapti Chatterjee,Hon'Ble Justice Tirthankar Ghosh3 pages

23. 09 . 2020 CRM 6955 of 2020 (Via Video Conference) In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Tufanganj Police Station Case No. 798 of 2019 dated 28.12.2019 under Section 6 of Protection of Children from Sextual Offences Act, 2012, under Section 6 /17 of the Protection of Children from Sextual Offences Act, 2012 corresponding POCSO case no.01 of 2020.

BP/BR Sl.38 In the matter of : Jalilur Rahaman & Anr..... petitioners Mr. Hillol Saha Poddar ..for the petitioners.

Mr. Sagnik Sankar Sikdar Mr. Ujjwal Luksom ..for the State.

Learned advocate for the petitioners submits that the present petitioners are the parents of the principal accused and they have been falsely implicated in the instant case with a general allegation of helping the principal accused. Learned advocate for the petitioners further submits that as charge sheet has already been submitted the detention of the petitioners may not be required in the facts and circumstances of the case.

Learned advocate for the State opposes the

prayer for anticipatory bail.

We have perused the materials on record and the nature of allegation and the role allegedly ascribed to the present petitioner. After taking the same into consideration, we are of the opinion that although a case has been made out against them further detention of the petitioners are not required for the sake of investigation.

Accordingly, we allow the prayer for anticipatory bail.

In the event of arrest, the petitioners (Jalilur Rahaman and Amina Bibi) shall be released on bail upon furnishing bond of Rs. 10,000/-(Rupees Ten Thousand only) each with two sureties of like amount each, to the satisfaction of the arresting officer of the case.

The aforesaid order shall be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The application for anticipatory bail being C.R.M. 6955 of 2020 is disposed of.

(Samapti Chatterjee, J. ) (Tirthankar Ghosh, J.)