Fulchand Mallick v. State Of West Bengal

(AD) 22.04.2022 C.R.M. (A) 1815 of 2022 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara P.S. Case No.141 of 2022 dated 14/04/2022 under Sections 376/417/504 of the Indian Penal Code.

And In the matter of: Fulchand Mallick ....petitioner.

Mr. Kaustav Bagchi Mr. Amanul Islam ...for the petitioner.

Mr. Joydeep Roy Mr. Asif Dewan ...for the State.

Petitioner seeks anticipatory bail.

Considering the fact that the victim in her statement recorded under Section 164 of the Code of Criminal Procedure acknowledges the relationship between herself and the petitioner and considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, 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 also 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 will report before the Investigating Officer once a fortnight 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.

The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 1815 of 2022 is disposed of.

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