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Calcutta High CourtCRM/6726/2021allowed

Biplab Mondal v. State Of West Bengal

2021-11-11Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee1 pages

11.11.2021 Serial no.20 Aloke (Through Video Conference) Ct. No. 29 CRM 6726 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 29.09.2021 in connection with Manikchak Police Station Case No. 307 of 2021 dated 19.08.2021 under Sections 417/376 of the Indian Penal Code.

-AndIn the matter of : Biplab Mondal ... Petitioner Mr. Kazi M. Rahman, Advocate ... ... For the Petitioner Mr. Debabrata Chatterjee, Advocate Mr. Pravas Bhattacharya, Advocate Ms. Mousumi Sarkar, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the police complaint is a result of a love affair going sour. Learned Advocate appearing for the State refers to the statement recorded under Section 164 of the Criminal Procedure Code and the medical report.

Considering the statement recorded under Section 164 of the Criminal Procedure Code of the victim as also the medical report and considering the fact that there is a claim of existing relationship between the victim and the petitioner, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, 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 and with a further condition that the petitioner shall meet the investigating officer once in a month and on further condition that the petitioner shall appear before the Court below and pray for regular bail within four weeks from date. The prayer for anticipatory bail is allowed.

CRM 6726 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)