Mamun Mondal v. State Of West Bengal
08-11-2021 (ct. no.29) SKB Allowed CRM 6691 of 2021 (Via Video Conference) In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Balurghat Women Police Station Case No. 31 of 2021 dated 28.07.2021 under Sections 448/376/511/506 of the Indian Penal Code. - A n d - In the matter of : Mamun Mondal .... Petitioner.
Ms. Bushra Khatoon ... For the Petitioner.
Mr. Tanmoy Kumar Ghosh ... For the State.
Petitioner seeks anticipatory bail.
Learned advocate appearing for the petitioner submits that the complaint is a product of a love relationship going sour. Learned advocate appearing for the State draws the attention of the Court to the statements of the victim recorded under Section 164 of the Cr.P.C.
In answer to the query of the court, learned advocate appearing for the State submits that the defacto complainant did not undergo any medical test.
Considering the past relationship of the petitioner with the defacto complainant and considering the materials in the case diary including the statement recorded under Section 164 of the Cr.P.C., 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 subject to the
conditions as laid down under Section 438(2) of the Code of Criminal procedure, 1973 and on further conditions that the petitioner shall meet the Investigating Officer once in a month until further orders and shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, allowed. ( Debangsu Basak, J. ) ( Ananda Kumar Mukherjee, J. )