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Procedure Filed On 11.06.2019 vs In Re: 1. Ananda Pal 2. Naba Pal on 14 June, 2019

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14.06.19
Sl. No.23
Sc
[Partly
Allowed]
C. R. M. 4773 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 11.06.2019.

And
In Re: 1. Ananda Pal 2. Naba Pal
3. Anita Pal
… … Petitioners
Mr. U. A. Dewan
Mr. A. Sarkar.
… … for the petitioners
Mr. Sandip Chakraborty
… … for the State

Apprehending arrest in course of investigation of English Bazar Police Station FIR

No. 477 of 2019 dated 16th May, 2019 under Sections 498A/Section325/Section34 of the Indian Penal

Code read with Sectionsection 10 of the Protection of Children from Sexual Offences Act, the

petitioners have applied for anticipatory bail.

We have heard learned advocates for the parties and perused the materials in

the case diary including the statement of the victim-girl recorded under Sectionsection 164 of the

Code of Criminal Procedure, 1973.

From the materials available in the case diary, involvement of the petitioner no.1

cannot be ruled out.

Accordingly, the prayer for anticipatory bail of the petitioner no.1 namely,

Ananda Pal is rejected.

However, there is dearth of materials in the case diary to connect the petitioners

2 and 3 with the alleged offences.

In that view of the matter, we are of the considered opinion that in the event of

arrest, the petitioners 2 and 3 shall be released on bail upon furnishing a bond of
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Rs.10,000/- (Rupees ten thousand) each, with two sureties of like amount each, one of

whom must be local, to the satisfaction of the arresting officer and also subject to the

conditions as laid down under Section 438(2) Cr.P.C.

The application for anticipatory bail is, thus, disposed of.

(Saugata Bhattacharyya, J.) (Dipankar Datta, J.)

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