Calcutta High CourtCRM (A)/2925/2022allowed

Sajal Mondal v. The State Of West Bengal

2022-06-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

22.06.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 2925 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khandaghosh Police Station Case No. 297 of 2021 dated 09.12.2021 under Sections 302/201/120B of the Indian Penal Code, 1860.

And In Re : Sajal Mondal ...... petitioner Mr. Soumik Ganguly Mr. Asit Baran Ghosh Mr. S. K. Ghosh ....for the petitioner Mr. Saibal Bapuli Mr. Arani Bhattacharya ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated.

Learned Additional Public Prosecutor appearing for the State draws the attention of the Court to the materials in the case diary including the post mortem report of the victim and the statement of the doctor conducting the post mortem, recorded under Section 161 of the Code of Criminal Procedure (Cr.P.C.). He also refers to the criminal antecedent of the petitioner.

Considering the fact that the police filed charge-sheet and considering the post mortem report of the victim and the 161 Cr.P.C. statement of the doctor conducting the post mortem, we deem it appropriate to enlarge the petitioner on anticipatory bail.

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 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.) (Bibhas Ranjan De, J.)