Calcutta High Court (Appellete Side)
Xxxxx vs Unknown on 11 March, 2025
Author: Debangsu Basak
Bench: Debangsu Basak
11.03.2025
Item No.44
Ct. No. 26
CHC
Allowed
C.R.M.(A) 843 of 2025
In Re:- An application for anticipatory bail under Section
438 of the Code of Criminal Procedure/Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with
Belur Police Station Case No. 106 of 2023 dated 05.05.2023
under Sections 376(2)(o)/506/120B of the Indian Penal Code
read with Section 4 of the Protection of Children from Sexual
Offences Act subsequently charge sheeted on charge-sheet
being no.101 of 2023 under Sections 376(2)(n)/506/120B/34 of
the Indian Penal Code and read with Section 4 of the Protection
of Children from Sexual Offences Act pending before the Court
of Learned Judge, Special Court under Protection of Children
from Sexual Offences Act, Howrah.
And
In the matter of: XXXXX
...... petitioner
Mr. Mrityunjoy Chatterjee, Advocate
Mr. Debapriya Majumder, Advocate
....for the petitioner
Mr. Saibal Bapuli, Ld. A.P.P.
Mr. Debarshi Brahma, Advocate
....for the State
Mr. Manas Das, Advocate
Mr. Akash Sarkar, Advocate
...for the de facto complainant
1.
Petitioner, State and the de facto complainant are
represented.
2. Petitioner before us is the mother of the principal accused.
Principal accused was enlarged on bail.
3. Principal accused married the victim. There is a baby born
out of the wedlock also.
4. Police filed charge sheet.
2
5. De facto complainant does not oppose the prayer for grant
of anticipatory bail to the petitioner.
6. In such circumstances, we grant anticipatory bail to the
petitioner.
7. Accordingly, we direct that in the event of arrest the
petitioner will 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 corresponding to Section
482(2) of the BNSS, and on further 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.
8. This application for anticipatory bail is, thus, allowed.
(Debangsu Basak, J.)
(Smita Das De, J.)
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