Abdul Latif@Md.Dulal Mia v. The State Of West Bengal

17.08.2020 rrc/tkm CRM 5123 of 2020 (Via Video Conference) In re : An application under Section 438 of the Code of Criminal Procedure in connection with Dhupguri P.S. Case No. 154/2020 dated 03.05.2020 under Sections 341/354/354A/323/506/34 of the Indian Penal Code and Section 12 of the Protection of Children from Sexual Offences Act.

In the matter of : Abdul Latif @ Md. Dulal Mia ..... petitioner Mr. Debajit Kundu ....For the petitioner Mr. Aditi Shankar Chakraborty .....For the State Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conferencing. Having considered the materials on record and bearing in mind the general and omnibus nature of allegations in the light of submission that there was case and counter-case between the parties, we are of the considered view that custodial interrogation of the petitioner is not necessary.

In view of the aforesaid submission, 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/- with two sureties of like amount each, the satisfaction of the Arresting Officer and also be subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

CRM 5123 of 2020 is disposed of.

(Kausik Chanda, J.) (Joymalya Bagchi, J.)