Sk Altab @ Sk Saddam v. State Of West Bengal

07.12.2020 Court No.28 SL No.90 AP CRM 9900 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua P.S. Case No.311/2020 dated 04.07.2020 under Sections 323/315/34 of the Indian Penal Code and Section 6 of the POCSO Act. And In the matter of: Sk Altab @ Sk Saddam ....Petitioner.

Mr. Sagar Saha ...for the Petitioner.

Mr. P.K. Datta, Mr. P. Ganguly ...for the State.

It is submitted on behalf of the petitioner that there is a love affair between the parties. It is also submitted on behalf of the petitioner that due to cohabitation victim became pregnant and thereafter the instant case was registered.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. We note that there is substantial delay in lodging first information report. There are no materials on record to show that the victim had been subjected to forcible abortion. In view of the aforesaid facts, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner 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.

The application for anticipatory bail is, thus, allowed.

The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)