Chandan Roy v. State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

29.08.2019 tkm/ct 1 C.R.M. 814 of 2019 sl no. 55 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 27.8.2019 in connection with Kuchlibari P.S case no. 65 of 2019 dated 26.6.2019 under sections 363/365/109 of the Indian Penal Code and added section 4 of the POCSO Act Allowed In Re : Chandan Roy ...... petitioner Mr. P. P. Sarkar ...... for the petitioner Mr. A. S. Chakraborty Mr. S. S. Sikdar ...... for the State Heard the learned advocates appearing for the respective parties.

It is submitted on behalf of the petitioner that he is not the principal accused who has been granted regular bail. Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the extent of complicity of the petitioner in the alleged crime, 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, 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 that the petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM 814 of 2019 is disposed of. (Manojit Mandal, J.) (Joymalya Bagchi, J.)