Monirul Mondal @ Monirul Islam @ Sain v. State Of West Bengal

10.06.2022 cm/ct 28 C.R.M. (A) No. 2500 of 2022 sl no. 90 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Domkal P.S Case No. 215 of 2022 dated 08.04.2022 under Sections 448/376 of the Indian Penal Code.

And Allowed In Re : Monirul Mondal @ Monirul Islam @ Sain ..... petitioner Mr. Jisan Iqubal Hossain Mr. Sabir Ahmed ... for the Petitioner.

Mr. Prasun Kr. Dutta, Ld. A.P.P.

Mr. Subrato Roy ...... for the State It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for bail. We find that the incident occurred at the matrimonial home. No statement of the inmates of the house or neighbours are placed before us. In view of the aforesaid facts, we are of the view possibility of false implication of the petitioner cannot be ruled out. Hence, 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/- 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.

Petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM (A) No. 2500 of 2022 is disposed of.

( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)