Calcutta High CourtCRM (A)/4361/2022allowed

Rahidul Mondal @ Rahibul Mondal v. State Of West Bengal

2022-09-09Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

09.09.2022 Serial no. 23 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 4361 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 346 of 2022 dated 02.05.2022 under Sections 498A/323/325/307/376/511/406/313/494/34 of the Indian Penal Code.

-AndIn the matter of : Rahidul Mondal @ Rahibul Mondal & Anr. ... ... Petitioners Mr. Surya Prasad Chattopadhyay, Mr. Arjun Samanta, Advocate ... ... For the Petitioners Mr. Debabrata Chatterjee, ld. APP Mr. Santanu Chatterjee, Advocates ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that other co-accuseds were granted anticipatory bail by the jurisdictional Court. The police complaint was lodged 10 years after marriage. The second petitioner who is the husband usually resides at Pune.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. Considering the nature of allegations as against the petitioners and considering the period of marriage and considering the gravity of the offence and the involvement of the petitioners therein, 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 further condition that the petitioners shall report before the Investigating Officer once in a month 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) 4361 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)