Calcutta High CourtCRM (A)/2264/2022allowed

Priyam Mondal v. State Of West Bengal

2022-05-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bivas Pattanayak3 pages

19.05.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 2264 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kalyani Police Station Case No. 201 of 2022 dated 05.05.2022 under Sections 376/417/323/325/506/120B of the Indian Penal Code, 1860.

And In Re : Priyam Mondal ...... petitioner Mr. Atis Kumar Biswas Mr. Amit Singh ....for the petitioner Mr. Ranadeb Sengupta ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the police complaint is a result of relationship turning sour.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) and the injury report of the victim.

In her 164 Cr.P.C. statement, she acknowledges that there was a relationship between her and the petitioner.

Considering the materials in the case diary, the gravity of the offence and the involvement of the petitioner therein, 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/-, 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 meet the Investigating Officer once in 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bivas Pattanayak, J.)