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Calcutta High CourtCRM (A)/2691/2024allowed

Madan Mondal @ Madan Mohan Mondal And ANR v. The State Of West Bengal

2024-08-20Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

20.08.2024 Sl No.10 Court No.29 TN (Allowed) CRM (A) 2691 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Corresponding to Section 438 of the Code of Criminal Procedure) filed in connection with Rampurhat Police Station Case No.229 of 2024 dated 21.06.2024 under Sections 341/323/326/307/34 of the Indian Penal Code.

And In the matter of : Madan Mondal alias Madan Mohan Mondal and another .... petitioners Mr. Shashanka Shekhar Saha ....for the petitioners Mr. Sujoy Sarkar, Ms. Sneha Srivastava, Mr. Rahul Chachan ....for the de facto complainant Mr. Ashok Das ... for the State

1. The injury report is taken on record.

2. Heard learned counsel for the parties including the advocate representing the de facto complainant.

3. The learned counsel for the de facto complainant submits that the matter has been amicably settled.

4. The learned counsel for the State submits that the injury is simple in nature.

5. Considering the materials available in the case diary, the nature and extent of complicity of the petitioners in the commission of the alleged offence and the nature of injury and also having regard to the fact that the de facto complainant is presently exonerating the petitioners in view of Signed By :

TANMOY NANDAN High Court of Calcutta 21 st of August 2024 09:59:14 AM

the amicable settlement, we are of the view that custodial interrogation of the petitioners is not necessary.

6. Accordingly, we direct that in the event of arrest, the petitioners, namely, Madan Mondal alias Madan Mohan Mondal and Koushik Mondal respectively shall be released on bail upon furnishing a bond of Rs.3,000/- each, 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.

7. The petitioners shall meet the Investigating Officer as and when required.

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

9. 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 :

TANMOY NANDAN High Court of Calcutta 21 st of August 2024 09:59:14 AM