Mokaddes @ Mokaddesh Ghan @ Mokaddes Mondal v. The State Of West Bengal

12.08.2024 Court No.29 Item No. 39 sg CRM (A) 2752 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the BNSS, in connection with Thanarpara Police Station Case No. 129 of 2024 dated 15.05.2024 under Section 306 of the Indian Penal Code.

And In Re: Mokaddes @ Mokaddesh Ghan @ Mokaddes Mondal Petitioner Mrs. Minoti Gomes Mr. Amarul Islam Mr. Sourav Mukherjee For the Petitioner Ms. Sayanti Santra Ms. Paramita Sahu For the State Mr. Biswajit Manna For the defacto complainant

1. The learned Counsel for the petitioner submits that the victim was a family friend and he has been falsely implicated. The complaint was lodged after 45 days of the alleged incident.

2. The learned counsel for the State and the defacto complainant however, opposed the prayer for anticipatory bail. It is submitted that the petitioner used to blackmail and threat to the victim.

3.

Considering the materials available in the case diary, the nature and extent of complicity of the petitioner as transpired form the statement of the mother along with the family members of the victim which directly implicate the petitioner for the commission of alleged offence and there are prima facie incriminating materials against the petitioner, we are not inclined to grant anticipatory bail to the present petitioner.

4.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

5. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Uday Kumar, J.)