Calcutta High CourtCRM (A)/1134/2022allowed

Komola Mondal v. State Of West Bengal

2022-03-09Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

09.03.2022 Serial no. 07 Dd CRM (A) 1134 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Taherpur Police Station Case No. 64 of 2018 dated 19th April, 2018 under Sections 447/341/326/307/302/34 of the Indian Penal Code (G.R. Case No. 609 of 2018) -AndIn the matter of : Komola Mondal ... Petitioner Mr. Debarshi Brahma, Advocate ... ... For the Petitioner Ms. Faria Hossain, Ms. Baisali Basu, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. Some of the other co-accuseds were granted anticipatory bail by the Sessions Court. The petitioner stands on the same footing as that of the other co-accuseds who were granted anticipatory bail. Police filed charge sheet and, therefore, detention of the petitioner is not required.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary and the statements recorded under Section 164 of the Criminal Procedure Code.

Considering the fact that police filed charge sheet and considering the involvement of the petitioner in the offence alleged and considering the fact that other co-accuseds were

granted anticipatory bail by the Sessions Court, we are inclined to 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 appear before the Court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioner shall appear before the jurisdictional Court on every date fixed for hearing.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 1134 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)