Allowed

Ananda Malakar v. State of West Bengal

Calcutta HC14 Feb 2022CRM (A)/529/2022

Case brief

AI extract

What is this about?

The High Court altered an earlier order dated 14.02.2022 dismissing the application and granted anticipatory bail to the petitioner in connection with a POCSO case. The court relied on co-accused bail, false implication plea, Section 164 statements, and injury report before imposing conditions including a bond and time limits for regular bail.

What did the court decide?

Anticipatory bail granted subject to a bond of Rs.10,000 with two sureties, conditions under Section 438(2) CrPC, and appearance for regular bail within four weeks.

Ananda Malakar Vs State of West Bengal — Child Sexual Offences (POCSO) | Calcutta HC (2022)

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C.R.M. (A)529 of 2022

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4 14.02.2022 (AD) Court No.29 ( Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Islampur P.S. Case No. 57 of 2021 dated 30/01/2021 under Sections 448/341/323/354/379/506/34 of the Indian Penal Code, 1860 and read with Sections 8/12 of POCSO Act. And

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In the matter of: Ananda Malakar ….petitioner. Mr. Amit Roy …for the petitioner. Mr. Arijit Ganguly Mr. Sanjib Kumar Dan

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…for the State.

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Petitioner seeks anticipatory bail.

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Learned Advocate appearing for the petitioner submits that the other co-accused were granted anticipatory bail by the jurisdictional Court. He submits that the petitioner was falsely implicated.

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Learned Advocate appearing for the State draws the attention of the Court to the statements recorded under Section 164 of the Code of Criminal Procedure of the victim.

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Considering the materials in the case diary and the statements recorded under Section 164 of the Code of Criminal Procedure of the victim and the injury report of the victim and considering the fact that the police submitted charge sheet, we grant anticipatory bail to the petitioner.

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Accordingly, we direct that in the event of arrest, the

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petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/-(Rupees Ten Thousand Only) with two sureties of like amount each to the satisfaction of the Arresting Officer and also 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 appear before the Court below and pray for regular bail within four weeks from date and on further condition that the petitioner shall appear before the Court below on every date fixed for hearing.

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The prayer for anticipatory bail of the petitioner is allowed. C.R.M.(A) 529 of 2022 is disposed of.

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(Debangsu Basak, J.)

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(Bibhas Ranjan De, J.)

Ananda Malakar v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Ananda Malakar v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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