Calcutta High CourtCRM (A)/1792/2022allowed

Pradip Mondal v. State Of West Bengal

2022-04-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

21.04.2022 Serial no.15 KS CRM(A) 1792 of 2022 In re: An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Goaltore Police Station First Information Report No.43 of 2022 dated 13th February, 2022 under Sections 341/ 325/ 308/ 354B/ 120B/ 34 and adding Section 376/ 511 of the Indian Penal Code, 1860 corresponding to G.R. Case No.85 of 2022. -And- In the matter of: Pradip Mondal.

Mr. N. Adhikari Mr. S. Banerjee .....for the Petitioner Mr. S. Bardhan Ms. D. Dasgupta .....for the State Petitioner prays for anticipatory bail.

Learned advocate for the petitioner submits that the petitioner was falsely implicated.

Learned advocate for the Sate draws the attention of the Court to the materials in the Case Diary including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and the medical report.

The medical report shows that the victim suffered simple injury. Considering the gravity of the offence and involvement of the petitioner therein as it transpires from the Case Diary including the

statement recorded under Section 164 of the Code of Criminal Procedure of the victim, 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 a fortnight 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) 1792 of 2022 is disposed of.

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