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Calcutta High CourtCRM/4638/2021allowed

Younus Ali Mondal @ Bipul v. State Of West Bengal

2021-11-11Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

C.R.M. 4638 of 2021 b.das 11.11.2021 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hariharpara P.S. Case No. 57/2021 dated 04.02.2021 under Sections 341/376/506 of the Indian Penal Code.

And In the matter of: Younus Ali Mondal @ Bipul ....petitioner.

Mr. S. M. Obaidullah Ms. A. Dey ...for the petitioner.

Ms. Z. N. Khan Ms. S. Das ...for the State. Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim lady recorded under Section 164 of the Code of Criminal Procedure and submits that the victim lady had refused to medical. Considering the materials in the case diary and the statement recorded under Section 164 of the Code of Criminal Procedure and considering the fact that the victim lady refused medical test, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that he shall

meet the Investigating Officer once in a month until further orders.

The application for anticipatory bail being C.R.M. 4638 of 2021 is, thus, disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)