Calcutta High CourtCRM (A)/1588/2024allowed

Rajdip Mondal @ Sourav And ORS. v. State Of West Bengal And ANR

2024-05-09Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1588 of 2024 09.05.2024 DL-2 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Taherpur Police Station Case No.122 of 2024 dated 10.03.2024 under Sections 376/328/120B/506/34 of the Indian Penal Code, 1860, pending before the Learned Additional Chief Judicial Magistrate, Ranaghat, Nadia. (Serial No.384 of 2024) And In the matter of: Rajdip Mondal @ Sourav & Ors ....petitioners Ms. Sananda Bhattacharyya ...for the petitioners.

Ms. Sayanti Santra Mr. Tirupati Mukherjee ... for the State.

1. Affidavit of service filed in Court be taken on record.

2. None appears for the de facto complainant despite service.

3. Police filed charge sheet.

4. De facto complainant recorded her statement under Section 164 of the Code of Criminal Procedure, where she claims that, there was a relationship between her and the principal accused.

5. Petitioners before us are not the principal accused.

6. In such circumstances, we grant anticipatory bail to the petitioners.

7. Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 condition that the petitioners shall Signed By :

ABHIJIT DAS High Court of Calcutta 9 th of May 2024 03:45:04 PM

appear on every date 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

8. The prayer for anticipatory bail of the petitioners is allowed.

9. C.R.M. (A) 1588 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 9 th of May 2024 03:45:04 PM