Calcutta High Court (Appellete Side)
Abjal Rahaman And Others vs Unknown on 15 September, 2016
Author: Patherya
Bench: Patherya
1 15.9.201666
Allowed md.
CRM No. 5573 of 2016 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 12.07.2016 in connection with Tufanganj Police Station Case No.91 of 2016 dated 31.3.2016 under Sections 376(2)(i)/323/325/506/34 of the Indian Penal Code read with section 6 of the Protection of Children from Sexual Offences Act corresponding to POCSO Case No.67 of 2016.
And In the matter of:-
Abjal Rahaman and others ... Petitioners Mr. Jaydeep Biswas, Mr.Soumyadeep Das, Mr. Sougata Mondal ..for the Petitioners Mr. R.D. Nandy .. for the State Apprehending arrest in connection with Tufanganj Police Station Case No.91 of 2016 dated 31.3.2016 under Sections 376(2)(i)/323/325/506/34 of the Indian Penal Code read with section 6 of the Protection of Children from Sexual Offences Act corresponding to POCSO Case No.67 of 2016, the petitioners have filed this application under Section 438 of the Code of Criminal Procedure.
Defence counsel submits that the petitioner nos. 1 and 2 are the parents of the principal 1 2 accused and the petitioner nos. 3 and 4 are his brothers. The principal accused being a juvenile, has already been enlarged on bail by the Juvenile Justice Board. The petitioners are in no involved in the offence alleged and they have been falsely implicated.
Counsel for the State produces the Case Diary and takes us to page-40 of the Case Diary. The victim is 9 years of age. Page-25 of the Case Diary be also looked into.
Having considered the submissions of the parties and on scrutiny of the Case Diary, sufficient material exists to warrant grant of anticipatory bail to the petitioners herein.
Accordingly, the petitioners, namely, Abjal Rahaman, Mamata Bibi, Firoj Rahaman and Mantu Rahaman alias Sarukh Rahaman in the event of their arrest, be granted anticipatory bail upon furnishing bond of Rs.5,000/- each, with two sureties of Rs.2,500/- each, to the satisfaction of the arresting authority and subject to the conditions imposed under Section 438 (2) Cr.P.C.
In view of the aforesaid, this application is allowed and disposed of.
2 3 Certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.
(Patherya,J.) (Debi Prosad Dey,J.) 3