Kaushik Mondal v. State Of West Bengal

17.05.2022 Serial no. 09 [Dd] (Anticipatory bail Allowed) CRM (A) 2153 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Ranaghat Police Station Case No. 178 of 2022 dated March 22,2022 under Sections 306 of the Indian Penal Code. -AndIn the matter of : Kaushik Mondal ... ... Petitioner Ms. Sananda Bhattacharyya, Advocate ... ... For the Petitioner Mr. Imran Ali, Mr. Pratick Bose, Advocate ... ...For the State Mr. Partha Sarathi Das, Advocate .. ...For the de facto complainant Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the victim committed suicide.

Learned advocate appearing for the State draws the attention of the Court to the postmortem report and the statement recorded under Section 161 of the Criminal Procedure Code.

Learned advocate appearing for the de facto complaint submits that the petitioner did not marry the victim after promising to do so. He submits that the victim and the petitioner applied for registration whereupon the petitioner did not agree for registration of the marriage. Both the petitioner and the victim are adults.

Considering the materials in the case diary and the postmortem report 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 in 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) 2153 of 2022 is disposed of.

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