Single bench allowed anticipatory bail to petitioners in a case involving sections of IPC and POCSO. Bail granted subject to furnishing bond and conditions under Section 438(2) CPC on account of private dispute.
Application for anticipatory bail allowed. Petitioners directed to furnish bond of Rs.10,000 each with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
01.12.2020 SL No.61 AP
CRM 2856 of 2020
(Through Video Conference)
In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Patuli P.S. Case No. 108/2019 dated 21.06.2019 under Sections 143/144/323/ 354/354A/354B/509/427 of the Indian Penal Code and Section 11 of the POCSO Act.
And
In the matter of: Milan Naskar & Ors.
….Petitioners.
Mr. Angshuman Chakraborty, Mr. S.S. Saha
…for the Petitioners.
Mr. Narayan Prasad Agarwala, Mr. S. Patel
…for the State.
Having considered the materials on record and bearing in mind
the nature of allegations in the light of the submission that there was dispute among the neighbours, we are inclined to grant anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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.
The application for anticipatory bail is, thus, disposed of. The parties shall act in terms of the copy of the order downloaded from the official website of this court.
(Suvra Ghosh, J.)
(Joymalya Bagchi, J.)
2 issues framed by the court
Whether anticipatory bail should be granted in a case involving Section 143, 144, 323, 354, 354A, 354B, 509, 427 of IPC and Section 11 of POCSO.
What conditions should be imposed on the grant of anticipatory bail in the instant case.
4 provisions across 3 enactments
Milan Naskar & Ors.
State
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
