13.01.2023
Ct. No. 29
C.R.M.(A) 130 of 2023
In Re:- An application for anticipatory bail under Section
438 of the Code of Criminal Procedure in connection with
Labpur Police Station Case No. 178 of 2022 dated 16.11.2022
under Sections 341/325/307/506/34 of the Indian Penal Code.
And
In Re : Haimanti Mandal @ Hoimonti Mondal
…… petitioner
Mr. Biswajit Hazra
Mr. Arif Mohammad Khan
Mr. Archisman Sain
….for the petitioner
Mr. Robiul Islam
Mr. K. M. Hossain
….for the de-facto complainant
Mr. Abhra Majumdar
Mr. Dipankar Mahato
….for the State
Petitioner prays for anticipatory bail.
Learned advocate appearing for the petitioner submits that, the present police complaint was filed as a counter blast to the earlier police complaint. The earlier police complaint involved the provision of the POCSO Act.
Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Sections 161 and 164 of the Code of Criminal Procedure (Cr.P.C.) as also to the injury report.
Learned advocate appearing for the de-facto complainant submits that, the petitioner was involved in the incident as appearing from the statement recorded under Section 164 Cr.P.C.
The 164 Cr.P.C. statement suggest that, minors were sexually assaulted.
These aspects of POCSO Act are not corroborated by the 161 Cr.P.C. statements of the neighbours. The neighbour stated that, the two families quarrel often.
In such circumstances, we 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 be 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 cooperate with the Investigating Officer till the
conclusion of the investigation and on condition that the
petitioner shall appear on every date before the jurisdictional
Court on and from the date fixed for appearance of the accused
and in default the jurisdictional Court will pass appropriate
order to secure the presence of the petitioner in Court including
cancelling the anticipatory bail granted without further reference to this Court.
This application for anticipatory bail is, thus, allowed.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
