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Calcutta High Court (Appellete Side)

Mansur Ali @ Monsur Ali vs Unknown on 3 July, 2018

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75   03.07.2018

AB Court 28 C.R.M. 4404 of 2018 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal P.S. Case No.217 of 2018 dated 25.4.2018 under Sections 448/323/325/34 of the Indian Penal Code read with Section 8 of the POCSO Act And In the matter of : Mansur Ali @ Monsur Ali @ Munsur ...Petitioner.

Mr. Kallol Mondal, Mr. Mushrraf Alam Sk., Mr. Krishan Ray, Ms. Amrita Chel ...for the Petitioner. Mr. Sudip Ghosh, Mr. Apurba Kr. Dutta ...for the State. It is submitted on behalf of the petitioner that co- accused persons similarly circumstanced with the petitioner have been granted anticipatory bail.

Learned lawyer appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the extent of complicity of the petitioner in the alleged crime and the fact that co-accused persons similarly circumstanced with the petitioner have been granted pre-arrest bail, we are inclined to extend similar privilege to the petitioner also.

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Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-(Rupees Ten Thousand only) with two sureties of like amount each 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.

The application for anticipatory bail is, accordingly, allowed.

Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)