High CourtsDivision Bench(2020) 07 CAL CK 0012

In The Matter Of : Kismat Ali And Anr. State

Calcutta High Court · Decided on 31 July 2020

HON’BLE JUDGES
Bibek Chaudhuri, J · Soumen Sen, J
RESULT
Disposed Of
CASE NUMBER
Criminal Misc. Case (Bail Application) (CRM) No. 4916 Of 2020, Criminal Application No. 3126 Of 2020

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Judgment

12 paragraphs · 241 words

The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. On the

basis of such undertaking, the petition is taken up through video conference.

Having heard the learned advocate for the petitioners and the learned P.P.-in-charge and on careful perusal of the memo of evidence, we do not find

any prima facie ingredient of offence under Section 8 of the Protection of Children from Sexual Offences Act against the present petitioners.

Moreover, the petitioner no. 2 filed a complaint against the de-facto complainant and her family members prior to lodging of the FIR in the instant

case.

Considering the circumstances, we are of the view that the petitioners are entitled to be released on anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail on furnishing bond of Rs. 10,000/- (Rupees Ten Thousand)

each with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer/investigating officer, subject to the

condition as laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure and on further condition that they shall meet the

investigating officer of the case once in a fortnight and shall not leave the jurisdiction of the local police station in course of investigation.

CRM 4916 of 2020 and CRAN 3126 of 2020 are disposed of.