Calcutta High Court (Appellete Side)
Prakash Mahato vs Unknown on 19 June, 2018
1 113 19.06.2018
rkd Ct. No.28 C.R.M. 3890 of 2018
(Allowed)
In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 15/06/2018 in connection with Mekhliganj P.S. Case No. 217 of 2017 dated 24/08/2017 under Sections 417/34 of the Indian Penal Code read with Section 4 of the POCSO Act.
And In the matter of: Prakash Mahato ....petitioner.
Mr. P. P. Sarkar, Mr. S. Sarkar ...for the petitioner.
Ms. A. Sinha ...for the State.
It is submitted on behalf of the petitioner that there was a love affair between the parties and he has been falsely implicated in the instant case.
Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and submits that the victim was a minor.
Having considered the materials in the case diary and bearing in mind the nature of allegations in the light of the aforesaid submission made on behalf of the petitioner, we are of the opinion that custodial interrogation of the petitioner is not necessary and petitioners may be granted anticipatory bail.
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 he shall meet the investigating officer once in a week until further orders.
The application for anticipatory bail is, thus, disposed of. (Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)