Mithun Mondal And ANR. v. State Of West Bengal And ANR

14.07.2025 SL.55 Ct.No.28 NB CRM (A) 2185 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Raninagar P.S. Case No.270 of 2025 dated 03.05.2025 under Sections 137(2)/140(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 12 of the POCSO Act.

And In the matter of: Mithun Mondal & Anr.

...petitioners Md. G. N. Imrohi.

...for the petitioners.

Mr. Bidyut Kumar Ray, Mr. Ashoke Das.

...for the State.

Mr. Sourav Mukherjee ...for the de facto complainant.

Heard the learned counsels for the parties.

Perused the case diary.

Considering the incriminating materials available in the case diary including the statement of the minor victim, I am not inclined to grant anticipatory bail to the petitioner no.1 (Mithun Mondal). Accordingly, the application for anticipatory bail of the petitioner no.1 (Mithun Mondal) is hereby rejected.

However, considering the role ascribed to the petitioner no.2 (Milan Mondal), the application for anticipatory bail of the petitioner no.2 (Milan Mondal) is allowed.

Accordingly, in the event of arrest, the petitioner no.2 (Milan Mondal) shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must

be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that he shall meet the Investigation Officer once a week till submission of report in final form and shall not threaten or intimidate witnesses, whatsoever. The application for anticipatory bail being CRM (A) 2185 of 2025 is, thus, partly allowed.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)