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Calcutta High CourtCRM (A)/931/2025allowed

Subhankar Mondal @ Shubhankar Mondal v. State Of West Bengal

2025-03-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Smita Das De2 pages

18.03.2025 Serial no. 45 (Anticipatory bail) (Allowed) ( Dd ) CRM (A) 931 of 2025 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Khanakul Police Station Case No. 09 of 2025 dated 2nd day of January, under Sections 115(2)/126(2)/3(5)/304(2)/329(4)/352/76 of Bharatiya Nyaya Sanhita, 2023 pending before Learned ACJM, Hooghly. -AndIn the matter of : SUBHANKAR MONDAL @ SHUBHANKAR MONDAL ... ... Petitioner Mr. Niladri Sekhar Ghosh, Ms. Sompurna Chatterjee, Ms. Labani Sikdar, Mr. Souvik Dey, Advocates ... ... For the Petitioner Mr. Imran Alki, Mr. Nirupam Dhali, Advocates ... ...For the State

1. Materials in the case diary do not throw up a case of custodial interrogation of the petitioner with regard to the allegation of molestation.

2. In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

3. 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 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 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 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.

4. Prayer for anticipatory bail of the petitioner is allowed.

5. CRM (A) 931 of 2025 is disposed of.

(Debangsu Basak, J.) (Smita Das De, J.)