Biplab Mondal v. State Of West Bengal

C.R.M. (A) 756 of 2022 16.02.2022 Sl. 21 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10.02.2022 in connection with Ratua P. S. Case No. 406 of 2021 dated 10.08.2021 under Sections 376/325/34 of the Indian Penal Code.

And In the matter of: Biplab Mondal ....petitioner.

Mr. A. Ahammed ...for the petitioner.

Mr. Iqbal Kabir ...for the State.

Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. In response to a query of the Court, he submits that the victim refused to undergo any medical tests.

Considering the materials in the case diary and considering the gravity of the offence and the involvement of the petitioner therein and considering the refusal of the victim to undergo a medical test, we grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest, the petitioner shall 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 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 Investigating Officer once a month till the conclusion of the investigation and that the petitioner shall appear before the jurisdictional court and pray for regular bail

within four weeks from date.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 756 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)