Yunus Mondal @ Younuch Mondal v. State Of West Bengal

30.03.2022 Serial no. 26 [Dd] (anticipator bail Allowed) CRM(A) 1466 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara Police Station Case No. 97 of 2022 dated 15.03.2022 under Sections 417/376/325/307/34 of the Indian Penal Code.

-AndIn the matter of : Yunus Mondal @ Younuch Mondal ... ... Petitioner Mr. Asraf Mondal, Advocate ... ... For the Petitioner Mr. Bidyut Kr. Roy, Ms. Rita Datta, Advocates ... ...For the State Learned advocate appearing for the petitioner seeks anticipatory bail, inter alia, on the ground of parity with the other co-accused who was granted anticipatory bail on March 25, 2022 in CRM(A) 1380 of 2022.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. The co-ordinate Bench granted anticipatory bail to one of the accuseds on the ground that the victim was major at the time of cohabitation. The co-ordinate Bench considered the statement of the victim recorded under Section 164 of the Criminal Procedure Code and the conversation in the social media platform.

In such circumstances, considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary and considering the fact that the principal accused was granted

anticipatory bail on March 25, 2022 in CRM(A) 1380 of 2022, 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 report before the Investigating Officer once in a month till the conclusion of the investigation and on further 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.

Prayer for anticipatory bail of the petitioner is allowed.

CRM(A) 1466 of 2022 is disposed of.

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