Samar Sarkar v. The State Of West Bengal And ANR

CIRCUIT BENCH OF CALCUTTA HIGH COURT 24.04.2024 AT JALPAIGURI Court No.01 Item No. 08 Allowed KC CRM (A) 326 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Falakata Police Station Case No. 88 of 2024 dated 03.03.2024 under Section 4 of the Protection of Children from Sexual Offences Act, 2012.

And In Re: Samar Sarkar Petitioners Ms. Esha Acharya Mr. S. Ghosh For the Petitioners Mr. Ujjwal Luksom Mr. Sagnik Sankar Sikdar For the State

1. Despite of service, the victim is not represented and the same is taken on record.

2. In support of the application for anticipatory bail, it is contended that the present accused petitioner being the father of the principal accused has unnecessarily been implicated in the instant case.

3. Learned counsel for the State opposes the prayer for anticipatory bail.

4. On perusal of the Statement of the victim, as recorded under Section 164 of the Code of Criminal Procedure, we find no incriminating material as against the present petitioner and accordingly, we are inclined to take a lenient view.

4. In view of such, we are inclined to grant anticipatory bail to the present accused petitioner.

5. Accordingly, we direct that in the event of arrest, the petitioner namely Samar Sarkar shall be released on bail upon furnishing a bond of Rs.10,000/-, with two registered sureties of like amount each, subject to the satisfaction of the Arresting Officer and with a further condition that the present accused petitioner shall comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. It is further ordered that the present petitioner shall meet the Investigating Officer once in a week and/or as and when called for by the concerned Investigating Officer till completion of the investigation unless he has been exempted from appearing by the concerned learned Trial Court. It is further ordered that the present accused petitioner shall not leave the territorial jurisdiction of the learned Trial Court except with the permission of the concerned learned Trial Court till submission of the final report.

6. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

7. CRM (A) 326 of 2024 is, thus, disposed of.

9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Partha Sarathi Sen, J)