Raj Mondal v. State Of West Bengal

27.06.2024 SL No.14 Court No.29 TN (Allowed) CRM (A) 1986 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Santipur Police Station Case No.704 of 2024 dated 01.06.2024 under Sections 306/34 of the Indian Penal Code.

And In the matter of : Raj Mondal.

- petitioner.

Mr. Krishan Roy, Mr. Anindya Ghosh, Mr. Pronojit Roy, Ms. Isita Kundu ....for the petitioner.

Mr. Prasun Kumar Datta, ld APP, Mr. Subhasish Datta ... for the State.

1. The learned Counsel for the petitioner submits that the petitioner had a romantic relationship with the deceased and after she committed suicide, a false complaint has been made against the petitioner.

2. The learned Counsel for the State in opposing the prayer has referred to the statement of the parents and relatives of the deceased recorded under Section 161 of the Code of Criminal Procedure. However, it is fairly submitted that from the post mortem report, it appears that the death was due to effects of hanging.

3. Considering the materials available in the case diary, the nature and extent of involvement of the petitioner in the commission of the alleged offence and the nature of involvement in the commission of the offence, we are of the Signed By :

TANMOY NANDAN High Court of Calcutta 27 th of June 2024 04:32:12 PM

view that custodial interrogation of the petitioner is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Raj 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 the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner shall meet the Investigating Officer of the case once in a week or as and when required till submission of the final report and shall not leave the jurisdiction of the Santipur Police Station without the leave of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia.

5. It is further directed that the present accused petitioner shall appear before the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia within two weeks from date and pray for regular bail.

6. Accordingly, the application for anticipatory bail is disposed of.

7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

TANMOY NANDAN High Court of Calcutta 27 th of June 2024 04:32:12 PM