Calcutta High CourtCRM/6585/2021allowed

Rupen Mandal @ Rupan Mandal v. The State Of West Bengal

2022-03-17Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

17.03.2022 rrc CRM 6585 of 2021 (via video conference) Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

In the matter of : Rupen Mandal @ Rupan Mandal ..... petitioner Mr. Sumanta Chakraborty .....For the petitioner Mr. P. K. Datta, Ld. APP Mr. Goutam Wilson .....For the State Apprehending arrest in connection with Bhutni Police Station Case No. 46/2021 dated 26.03.2021 under Sections 341/325/376/511/506/34 of the Indian Penal Code, the present application has been preferred.

Heard the learned advocates appearing for the respective parties.

Considering the materials in the case diary and bearing in mind the nature of accusations in the light of the submissions made by the parties and in view of the fact that upon completion of investigation, charge sheet has been submitted, we are of the opinion that custodial interrogation of the petitioner is not necessary.

Accordingly, we allow this application and direct that in the event of arrest the petitioner, namely, Rupen Mandal @ Rupan Mandal 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 subject to the conditions as laid down

under Section 438(2) of the Code of Criminal Procedure, 1973.

It is further directed that the petitioner shall not tamper with the evidence and/or intimidate the witnesses. He shall also attend learned Court below on all the dates, as specified for hearing.

In the event the petitioner fails to comply with the aforesaid directions, without any justifiable cause, the learned Court below shall be at liberty to cancel his bail, in accordance with law, without further reference to this Court.

The application for anticipatory bail, being CRM 6585 of 2021, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)