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Calcutta High CourtCRM (A)/3135/2022allowed

Tilaka Mondal v. State Of West Bengal

2022-07-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

04.07.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3135 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Swarupnagar Police Station Case No. 9 of 2022 dated 05.01.2022 under Sections 306/506/34 of the Indian Penal Code, 1860.

And In Re : Tilaka Mondal ...... petitioner Mr. Subrata Bhattacharya Mr. Soumen Sarkar ....for the petitioner Mr. S. G. Mukherjee, learned Public Prosecutor Md. Anwar Hossain Mr. Asif Dewan ....for the State Petitioner prays for anticipatory bail.

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

Learned Public Prosecutor appearing for the State draws the attention of the Court to the materials in the case diary. He submits that the victim was called to the place of the petitioner and was insulted whereupon the victim committed suicide. Considering the post mortem report of the victim and the involvement of the petitioner in the incident as transpiring from the materials in the case diary, 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioner shall 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 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.)