Ramesh Mondal v. State Of West Bengal

11.04.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1647 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Lake Police Station Case No. 51 of 2022 dated 24.02.2022 under Sections 417/376/506 of the Indian Penal Code, 1860. And In Re : Ramesh Mondal ...... petitioners Mr. Mrityunjoy Chatterjee Mr. Debapriya Samanta ....for the petitioners Mr. Bidyut Kumar Roy Ms. Sima Biswas ....for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, the de-facto complainant and the petitioner were in a relationship and that such relationship was for the past 15 years. The police complaint is a result of relationship turning sour.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.). In her statement, the victim acknowledges that she was in a relationship with the petitioner for the last 15 years.

Considering the gravity of the offence and the involvement of the petitioner therein and considering the 164 Cr.P.C. statement of the victim, 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 further condition that the petitioner shall meet the Investigating Officer once in a month till the conclusion of the investigation 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.)