Bachchu Mondal v. State Of West Bengal

16.11.2021 Ct. No. 29 KAUSHIK Allowed C.R.M. 7302 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bagdah Police Station Case No. 366 of 2021 dated 26.05.2021 under Sections 447/448/323/376/511/506/34 of the Indian Penal Code, 1860.

And In Re : Bachchu Mondal ...... petitioner Mr. Mrityunjoy Chatterjee Mr. Susnigdho Bhattacharya ....for the petitioner Ms. Sayanti Santra ....for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated. He contends that the First Information Report was lodged two months after the alleged incident. It is an offshoot to a dispute between the defacto complainant and her husband. Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure (Cr. P. C.) of the victim as also the First Information Report.

Considering the materials in the case diary and considering the involvement of the petitioner and considering

the gravity of the offences and the involvement of the petitioner and considering the fact that the police submitted charge-sheet, 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 be 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 not enter into the village Helencha, where the de-facto complainant resides, until further orders and on condition that the petitioner shall appear before the jurisdictional court on every date fixed 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.)