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.
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
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.)