Calcutta High Court (Appellete Side)
Sections 363/365/366A Of The Ipc Adding ... vs Allowed on 15 February, 2019
1 15.02.2019
tkm/ct 28 C.R.M. 1726 of 2019 sl no. 83
In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 7.2.2019 in connection with Harishchandrapur P.S case no. 571 of 016 dated 16.9.2016 under sections 363/365/366A of the IPC adding section 6 of the POCSO Act And Allowed In Re : Shreekanta Mandal @ Shreekant Mandal ...... petitioner Mr. Kallol Mondal Musharraf Alam Sk.
...... for the petitioner Ms. S. Biswas ...... for the State Heard the learned advocates appearing for the respective parties.
Petitioner renews his prayer for anticipatory bail in view of the changed circumstances. It is submitted on behalf of the petitioner that after the rejection of prayer for anticipatory bail by this court victim was recovered and she made a statement exonerating the petitioner. It is further submitted that the victim had married the principal accused.
Learned lawyer for the State produces the case diary including the statement of the victim recorded under sectoin 164 Cr.P.C We find from the materials on record that the victim was recovered after the rejection of pre-arrest bail by this court and her statement is an exonerative one. It is submitted that the principal 2 accused and the victim have married each other. Such extenuating circumstances came into being after the rejection of pre-arrest bail by this court justifying the maintainability of the present petition.
Accordingly we are inclined to entertain the present petition and in the factual matrix of the case as aforesaid, we are inclined to grant anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- 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 and on further condition that the petitioner shall appear before the court below and pray for regular bail within fortnight from date.
The application being CRM 1726 of 2019 is disposed of. (Manojit Mandal, J.) (Joymalya Bagchi, J.)