Sukumar Mondal v. State Of West Bengal

14.12.2021 SB Ct. No. 28 CRM 5328 of 2021 In Re : - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak P.S. Case No. of dated 29.06.2020 under Sections 447/341/323/325/326/307/506/34 of the Indian Penal Code. AND In the matter of : Sukumar Mondal Mr. Mrintyunjoy Chatterjee Md. G. N. Imrohi Mr. Sreejit Basu Roy .... For the Petitioner Mr. Sandip Chakraborty ... For the State It is contended on behalf of the petitioner that he has been falsely implicated in the instant case. Investigation is complete. Learned counsel for the State opposes the prayer for bail. Having considered the materials on record and keeping in mind the nature of the allegations as well as the injury reports, we are of the opinion whether the injuries are life threatening may be assessed in the course of trial.

However, in the facts and circumstances of the case and as investigation is complete we are of the opinion that custodial interrogation of the petitioner is not necessary.

Under such circumstances, 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/- (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 conditions that the petitioner shall appear before the Court below and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus allowed. (Bivas Pattanayak, J.) (Joymalya Bagchi J.)