Jafurul Hoque@ Hussain v. The State Of West Bengal
CIRCUIT BENCH OF CALCUTTA HIGH COURT 21.12.2021 AT JALPAIGURI Court No.01 Item No. 21 sg CRM 1217 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Haldibari Police Station Case No. 203 of 2021 dated 27.08.2021 under Sections 363/365/506/109 of the Indian Penal Code adding Section 6 of the POCSO Act.
And In Re: Jafurul Hoque @ Hussain Petitioner Mr. Sourav Ganguly Mr. Sourav Kar Mr. Kallol Nag For the Petitioner Mr. Ujjwal Luksom Mr. Sagnik Sankar Sikdar For the State The learned Counsel for the petitioner submits that due to change of circumstances, this application for anticipatory bail has been filed and the petitioner has renewed his prayer for anticipatory bail. Having considered the materials on records and the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, we prima facie find the nature and extent of complicity of the petitioner in the commission of alleged offence and the circumstances which were shown as factors to be taken into consideration, cannot be the relevant factors when we are assessing the safety and security of a child.
The learned Counsel for the State, however, opposes the prayer for anticipatory bail and submits that the prosecution would be taken appropriate steps with regard to the persons who were enlarged on bail or are present on anticipatory bail.
As we are of the prima facie view that the investigating agency would have been more careful and sensitivity requires that appropriate steps should have been taken by them having regard to the object of POCSO Act. The prayer for anticipatory bail stands dismissed.
This order shall be communicated to the Superintendent of Police, Cooch Behar for necessary action.
CRM 1217 of 2021 is accordingly, 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)