Pabitra Mandal v. State Of West Bengal And ANR

13.02.2024 Serial no. 29 Anticipatory bail [Allowed] Dd CRM (A) 434 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak Police Station Case No. 1029 of 2023 dated 13.12.2023 under Sections 417/376/307/354/506/34 of the Indian Penal Code, 1860.

(G.R. Case No. 8479/2023) -AndIn the matter of : Pabitra Mandal ... ... Petitioner Md. Wasim Akram, Advocate ... ... For the Petitioner Mr. Kaushik Kundu, Advocate ... ...For the State Mr. Aniket Mitra, Mr. Tapas Singha Roy, Advocates ... ...For the de facto complainant Petitioner, State and the de facto complainant are represented.

Both the petitioner and the de facto complainant are adults.

As to whether the relationship was entered into on the parameter as claimed by the de facto complainant may be decided at the trial.

In such circumstances, 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/- (Rupees Ten Thousand Only), 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 and on further

condition that the petitioner shall report before the Investigating Officer once in a month till the conclusion of the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 434 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)