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Calcutta High CourtCRM (A)/2215/2022allowed

Kokil Mondal v. State Of West Bengal

2022-05-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

(AD) 18.05.2022 C.R.M. (A) 2215 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 Tehatta P.S. Case No.352 of 2022 dated 07/05/2022 under Sections 448/323/427/354/379 of the Indian Penal Code. And In the matter of: Kokil Mondal ....petitioner.

Mr. Asraf Mandal ...for the petitioner.

Mr. Arani Bhattacharyya ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. The petitioner is a next door neighbour of the victim. The petitioner used to take the victim for the doctor's appointment.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 161 of the Code of Criminal Procedure. In her statement, the victim acknowledges that the petitioner used to take the victim to the doctor. Considering the gravity of the offence and the involvement of the petitioner therein and considering the statement of the victim, 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) 2215 of 2022 is disposed of.

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