Palash Mondal v. State Of West Bengal And ANR

C.R.M. (A) 1187 of 2023 23.03.2023 Sl.13 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kandi Police Station Case No.715 of 2022 dated 10.12.2022, C. Special Case No.37/2022 under Sections 308/427/376/511/34 of the Indian Penal Code and 18 of POCSO Act..

And In the matter of: Palash Mondal ....petitioner.

Mr. Pratip Kumar Chatterjee ... for the petitioner.

Mr. Tanmoy Kumar Ghosh, Ld. Sr. Government Advocate Ms. Sonali Bhar ...for the State.

Petitioner prays for anticipatory bail.

Apparently, an incident of assault took place where a number of persons were involved.

There is a statement recorded under Section 164 of the Code of Criminal Procedure claiming that there was an attempt to rape. The claims at this stage remain uncorroborated. In such circumstances, 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/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once a fortnight till the conclusion of the investigation and on 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. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 1187 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)