Calcutta High Court (Appellete Side)
(Allowed) vs State Of West Bengal on 24 July, 2018
1 46 24.07.2018
C.R.M. 5092 of 2018 sg Ct. No.34 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
Tapan Das
(Allowed) Versus
State of West Bengal
Mr. Arup Sarkar, Adv.
...for the petitioner.
Mr. Subrato Ray, Adv.
...for the State.
The petitioner seeks anticipatory bail in connection with Harishchandrapur Police Station Case No. 321 of 2018 dated 10.05.2018 under Sections 448/323/325//34 of the Indian Penal Code and read with Section 12 of the Protection of Children from Sexual Offences Act.
The State opposes the prayer. The State refers to the statement made by the minor victim under Section 164 of the Criminal Procedure Code.
Upon considering such statement, it does not appear that the petitioner is required to be arrested or the petitioner is required to be interrogated in custody. Indeed, the statement of the victim throws little light on the incident.
Accordingly, in the event of arrest, the petitioner is directed to be released on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand only) with two sureties of Rs.5,000/- (Rupees five thousand only) each, one of whom must be local, to the satisfaction of the Arresting Officer, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973. In addition, the petitioner will also report to the Investigating Officer at such time and place as may be specified by the concerned police officer.
The petition for anticipatory bail is allowed on the conditions indicated above.
A certified copy of this order be immediately made available to the petitioner, subject to compliance with all requisite formalities. (Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)