Santu Mondal v. State Of West Bengal
12.07.2024 Court No.29 Item No. 15 Allowed sg CRM (A) 2169 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mohammad Bazar Police Station Case No. 151 of 2024 dated 13.05.2024 under Sections 143/341/186/353/332/333/307/ 506/427 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Suri, Birbhum.
And In Re: Santu Mondal Petitioner Mr. Kallol Mondal Mr. Krishan Ray Mr. Souvik Das For the Petitioner Mr. Imran Ali Mr. Rahul Ganguly For the State 1.
The learned Counsel for the petitioners submits that the co-accused persons similarly placed as that of the present petitioner was granted anticipatory bail by the learned Sessions Court and the petitioner has been falsely implicated due to political rivalry.
2.
The learned Counsel for the State, in opposing the prayer for anticipatory bail, has produced the case diary and the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. 3.
Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of alleged offence and having regard to the fact that the petitioner stands on the same footing as that of the
other FIR named persons, who have been granted anticipatory bail, we are of the view that the custodial interrogation of the petitioner is not necessary. 4.
Accordingly, we direct that in the event of arrest the petitioner namely, Santu 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(2) of the Code of Criminal Procedure and the petitioner shall meet the I.O. once in a fortnight till the submission of final report. The petitioner shall appear before the learned AJCM, Suri, Birbhum in connection with G.R. Case NO. 792 of 2024, within two weeks from date. 5.
Accordingly, the prayer for anticipatory bail of the petitioner is allowed. 6.
CRM (A) 2169 of 2024 is, thus, disposed of.
7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Soumen Sen, J.) (Uday Kumar, J.) Signed By :
SANJIB GHOSH High Court of Calcutta 12 th of July 2024 05:27:10 PM