Subhankar Mondal v. State Of West Bengal

09.02.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 591 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 1122 of 2022 dated 25.12.2022 under Sections 448/376/323/506/34 of the Indian Penal Code.

And In Re : Subhankar Mondal ...... petitioner Mr. Atis Kumar Biswas Mr. Amit Singh Ms. Jyoti Agarwal ....for the petitioner Mr. Joydeep Roy Ms. Sujata Das ....for the State A previous police complaint was lodged with regard to arson and molestation at the behest of the family members of the petitioner.

Thereafter, the present police complaint was lodged 15 days after the first incident.

In the present case, the victim refused to undergo medical examination. The injury does not appear to be grievous in nature.

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/-, 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 meet the Investigating Officer once a month till the conclusion of the investigation and on 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)