Calcutta High CourtCRM (A)/677/2024allowed

Sukchand Mondal v. State Of West Bengal And ANR

2024-02-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

28.02.2024 Ct. No. 29 S.D.

Allowed C.R.M.(A) 677 of 2024 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 21 of 2024 dated 08.01.2024 under Sections 376/498A/506/511/34 of the Indian Penal Code.

And In Re : Sukchand Molla @ Mollah ...... petitioner Ms. Minoti Gomes Mr. Amanul Islam Mr. Sourav Mukherjee ...for the petitioner Mr. Aniket Mitra ...for the State Affidavit of service filed in Court be taken on record. None appears for the defacto-complainant.

Leave granted to the learned advocate on record of the petitioner to correct the cause title.

Petitioner before us is the brother-in-law of the defactocomplainant. Apparently, the petitioner is living separately. Apparently, the defacto-complainant and her husband assaulted the mother of the petitioner whereupon a police complaint was lodged, prior in point of time. Apparently, there are disputes between the private parties.

Issue of false implication cannot be overlooked at this stage.

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. The petitioner will report before the Investigating Officer once a month till the conclusion of the investigation. 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.)