Calcutta High CourtCRM/928/2021disposed

Nurjamal Kaji v. The State Of West Bengal

2021-12-13Hon'Ble Justice Soumen Sen,Hon'Ble Justice Biswajit Basu2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT 13.12.2021 AT JALPAIGURI Court No.01 Item No. 22 Allowed sg CRM 928 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Sitalkuchi Police Station Case No. 27 of 2021 dated 14.02.2021 under Sections 323/354/506/34 of the Indian Penal Code and Section 8 of the POCSO Act.

And In Re : Nurjamal Kaji Petitioners Mr. Hillor Saha Podder For the Petitioner Mr. Arun Kumar Sarkar Mr. Sagnik Sankar Sikdar For the State The learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the instant case. It is further submitted that the principal accused was taken custody and subsequently granted bail.

The learned Counsel for the State opposes the prayer for anticipatory bail. Considering the materials available in the case diary and the nature and extent of the involvement of the petitioner in the commission of alleged offence and having regard to fact that the principal accused has been granted bail, we are inclined to grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest the petitioner, namely, Nurjamal Kaji, shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, 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. This order shall remain valid for six weeks from this date, within which time the petitioner shall surrender and obtain regular bail from the learned Trial Court and the learned Trial Court shall decide the application without being influenced by the observations made by us in this order.

The application for anticipatory bail, being C.R.M. No. 928 of 2021 is, thus, disposed of.

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

(Biswajit Basu, J.) (Soumen Sen, J.)