Rahul Mondal v. State Of West Bengal And ORS.

21.03.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1314 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 19.04.2018 under Sections 447/341/326/307/302/34 of the Indian Penal Code.

And In Re : Rahul Mondal ...... petitioner Mr. Debarshi Brahma ....for the petitioner Mr. Neiguive Ahmed Ms. Ayantika Roy ....for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, the police filed charge-sheet. Therefore, custodial interrogation of the petitioner is not required. Learned Additional Public Prosecutor appearing for the State refers to the materials in the case diary. In reply to query of the Court, learned advocate appearing for the State submits that, the police filed charge-sheet and that the principal accused is in custody.

Considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that the police

filed charge-sheet and the principal accused is in custody, 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 condition that the petitioner shall appear every day 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.) (Bibhas Ranjan De, J.)