Calcutta High CourtCRM (A)/2502/2024allowed

Anup Kumar Mondal v. The State Of West Bengal

2024-08-12Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

12.08.2024 SL No.6 Court No.29 (gc) (Allowed) CRM (A) 2502 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kotwali Police Station Case No.522 of 2024 dated 17.05.2024 under Sections 420/406 of the Indian Penal Code.

And In the matter of : Anup Kumar Mondal - Petitioner.

Mr. Soumik Ganguly, Mr. Amanul Islam, Mr. Sourav Mukherjee, ....For the Petitioner.

Mr. Kalyan Kumar Chakraborty, Mr. Vivek Kumar Pandey, Mr. Gopal Krishna Sarkar ....For the De facto Complainant.

Mr. Ashok Das ... For the State.

1. The report filed by the Investigating Officer shows that the entire amount, for which the complaint has been lodged by the de facto complainant, has been paid on 10th July, 2024.

2. The learned Counsel for the de facto complainant has also confirmed having received such payment by the de facto complainant.

3. In view of the report of the Investigating Officer as well as the submission of the de facto complainant and also having regard to the bank statement wherefrom it appears that the entire amount has been paid to the de facto complainant, we are of the view that custodial interrogation of the petitioner is not necessary.

Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 13 th of August 2024 11:41:58 AM

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Anup Kumar Mondal, shall be released on bail upon furnishing a bond of Rs.5,000/-, with two registered 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 corresponding to Section 482 (2) of the BNSS, 2023 with further direction that the petitioner shall meet the Investigating Officer once in a fortnight till the submission of the final report.

5. Accordingly, the application for anticipatory bail is disposed of.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 13 th of August 2024 11:41:58 AM