Calcutta High CourtCRM (A)/3646/2022allowed

Mohammad Jakir Mondal And ORS v. State Of West Bengal

2022-08-12Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

12.08.2022 Serial no.3 Aloke CRM (A) 3646 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Baduria Police Station Case No. 240 of 2022 dated 28.04.2022 under Sections 498A/325/313/354/406/34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act.

-AndIn the matter of : Mohammad Jakir Mondal & Ors. ... ... Petitioners Mr. Kallol Kr. Basu, Advocate Mr. Md. Jannat Ul Firdous, Advocate Ms. Tithi Mazumder, Advocate ... ... For the Petitioners Ms. Ratna Ghosh, Advocate ... ...For the State Mr. Biswajit Hazra, Advocate Mr. Archisman Sain, Advocate ... ... For the de facto complainant Petitioners seek anticipatory bail.

Subsequent to the order dated August 2, 2022, the de facto complainant recorded a fresh statement under Section 164 of the Code of Criminal Procedure where she claims that presently there is no problem.

In such circumstances, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner nos. 1 and 2 shall meet the Investigating Officer as and when called for and petitioner no. 3 shall cooperate with the investigation till the conclusion of the investigation and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for

appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 3646 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)