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Calcutta High CourtCRM/3361/2021allowed

Nurul Hasan Mondal @ Babua Mondal And ORS v. State Of West Bengal

2021-12-16Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

16.12.2021 Sl. No.7 akd [ALLOWED] C. R. M. 3361 of 2021 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 09.04.2021 in connection with Usthi Police Station Case No. 248 of 2018 dated 19.06.2018 under Sections 341/325/307/506/34 of the Indian Penal Code.

And In Re: Nurul Hasan Mondal @ Babua Mondal & Ors. ... ... Petitioners Mr. Rajesh Agarwal ... ... for the petitioners It is contended on behalf of the petitioners that they are not the principal accused. They have been falsely implicated in the instant case. Investigation is complete.

Having considered the materials on record and keeping in mind the extent of complicity of the petitioners in the light of the aforesaid submissions made on behalf of them and as investigation is complete, we are of the opinion that custodial interrogation of the accused/petitioners may not be necessary in the facts of the present case and they may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Nurul Hasan Mondal @ Babua Mondal, (2) Rajia Khatun & (3) Monirujjaman Mondal, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, 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 petitioners shall appear before the court below and pray for regular bail within four weeks from date. The application for anticipatory bail is, thus, disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)