Calcutta High CourtCRM (A)/2496/2022allowed

Ali Hossain Mondal @ Paltu Sk v. State Of West Bengal

2022-06-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

(AD) 21.06.2022 C.R.M. (A) 2496 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 Jalangi P.S. Case No.44 of 2022 dated 09/02/2022 under Section 376 of the Indian Penal Code.

And In the matter of: Ali Hossain Mondal @ Paltu Sk. ....petitioner.

Mr. Jisan Iqubal Hossain ...for the petitioner.

Mr. Shekhar Barman ...for the State.

Petitioner prays for anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. There is a previous police complaint lodged on May 15, 2021 against the family members of the present de facto complainant which was registered as Jalangi Police Station Case No.114/2021 dated May 15, 2021 under Sections 325/308/34 of the Indian Penal Code. 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 as well as her medical report.

Considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and considering the medical report 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 month 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) 2496 of 2022 is disposed of.

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