Bappaditya Mondal v. State Of West Bengal

13.06.2023 Sl. No.81 akd [ALLOWED] C. R. M. (A) 2155 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 25.05.2023 in connection with Tamna Police Station Case No. 102 of 2022 dated 16.06.2022 under Sections 467/468/420/511 of the Indian Penal Code.

And In Re: Bappaditya Mondal ... ... Petitioner Mr. Sourav Chatterjee Mr. Pawan Kumar Gupta Mr. Sougata Mitra Mr. Rameswar Sinha Ms. Ankita Dey ... ... for the petitioner Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor Mr. Ashok Das ... ... for the State

1. Heard learned Counsel for both the parties.

2. The allegation made against the petitioner, if proved in trial, shall have repercussion on the morale of the Armed forces. Such an action as alleged by the petitioner should not also be tolerated by any court but we being in seisin of the question of anticipatory bail to the petitioner who is serving in the Armed forces, his interest should also be protected keeping the dignity of the Armed forces.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner and the fact that the petitioner is a member of a disciplined force and substantial progress in the investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest on such terms and conditions as deemed just and proper in the facts and circumstances of the case in connection with Tamna Police Station

Case No.102 of 2022 dated 16.06.2022 including the condition that the petitioner shall not repeat such offence in future.

4. The petitioner is directed to appear before the Investigating Officer within four weeks from today along with a server copy/certified copy of this order.

5. Accordingly, the prayer for anticipatory bail is allowed.

6. The application being CRM (A) 2155 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)