Single-judge order granting anticipatory bail to an applicant implicated in rape and POCSO cases. The court rejected the necessity of custodial interrogation as the applicant is the sister-in-law of the accused.
Application disposed of by granting bail on a Rs. 20,000 bond with one surety of the 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.
A.B. NO.59/2017
BEFORE HON’BLE THE CHIEF JUSTICE MR. T. VAIPHEI
Present: For the petitioner : Mr. R. Choudhury, Advocate. For the respondent : Mr. S. Sarkar, P.P.
10.07.2017.
Heard Mr. R. Choudhury, the learned counsel for the petitioner. Also heard Mr. S. Sarkar, the learned Public Prosecutor appearing for the State.
The application is one under Section 438 Cr.P.C. for granting pre-arrest bail to the petitioner, namely, Smt. Ratna Biswas, who has been implicated in connection with Kalyanpur P.S. case No.24 of 2016 under Section 376 IPC and Section 6 of the POCSO Act.
On perusing the case diary and after hearing the learned counsel for both the parties, I am satisfied that this is not a fit case for custodial interrogation. It may be noted that the petitioner is the sister-in-law of the accused.
Resultantly, in the event of arrest, the petitioner shall be released on bail on her executing a P.R. bond of `20,000/(rupees twenty thousand) with one surety of the like amount to the satisfaction of the arresting authority subject to the condition that she shall make herself available for interrogation as and when called upon to do so.
The application stands disposed of.
CHIEF JUSTICE
Pulak
A.B. NO.59/2017
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2 issues framed by the court
Whether the petitioner is a fit person for anticipatory bail.
If bail is granted, what conditions should be imposed.
3 provisions across 3 enactments
Ratna Biswas
State
T. VAIPHEI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
T. VAIPHEI
Parties & counsel
