Adar Mondal v. State Of West Bengal

12.03.2025 Ct. No. 26 S.D.

Allowed C.R.M.(A) 773 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Thanarpara Police Station Case No. 19 of dated 22.01.2025 under Sections 137(2)/140(3)/3(5)/65(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the POCSO Act pending before the learned Chief Judicial Magistrate, Tehatta, Nadia. And In Re : Adar Mondal ...... petitioner Mr. Asraf Mandal ...for the petitioner Mr. Subhamoy Bhattacharya Ms. Pallavi Priyadarshini ...for the State Victim was added as a party respondent pursuant to the order dated March 5, 2025 passed by the Coordinate Bench. Victim was notified pursuant to such order by the State. None appears for the victim despite service.

Service records submitted in Court be taken on record. We perused the statement of the victim recorded under Section 183 of the B.N.S.S., 2023.

Victim stated that there was a marriage between her and the principal accused. The allegation is against the petitioner before us is omnibus in nature.

Principal accused is still in custody.

Considering the nature of the statement of the victim as noted above, 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 482 (2) of the B.N.S.S., 2023. The petitioner will report before the Investigating Officer once a fortnight 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.) (Smita Das De, J.)