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Calcutta High CourtCRM/8957/2021allowed

Khokan Mondal @ Amar Faruk Mondal And ORS v. State Of West Bengal

2022-01-27Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Krishna Rao2 pages

27.01.2022 rrc CRM 8957 of 2021 (via video conference) Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

In the matter of : Khokon Mondal @ Amar Faruk Mondal & Ors.

..... petitioners Ms. Karabi Roy .....For the petitioners Mr. Aniket Mitra .....For the State Apprehending arrest in connection with Chapra Police Station Case No. 126 of 2021 dated 18.03.2021 under Sections 447/325/307/506/34 of the Indian Penal Code, the present application has been preferred.

Heard the learned advocates appearing for the respective parties.

Having considered the materials in the case diary including the medical documents and bearing in mind the nature of accusations in the light of the arguments as advanced and in view of the fact that upon completion of investigation, charge sheet has been submitted, we are of the opinion that custodial interrogation is not necessary. Accordingly, we allow this application and direct that in the event of arrest the petitioners, namely, Khokon Mondal @ Amar Faruk Mondal, Yeasin Mondal, Farida Mondal and Salma Shaikh @ Salma Mondal shall be released on bail upon furnishing a bond of Rs.10,000/-

each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. It is further directed that the petitioners shall not tamper with the evidence and/or intimidate the witnesses. They shall also attend learned Court below on all the dates, as specified for hearing.

In the event the petitioners fail to comply with the aforesaid directions, without any justifiable cause, the learned Court below shall be at liberty to cancel their bail, in accordance with law, without further reference to this Court.

The application for anticipatory bail, being CRM 8957 of 2021, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Krishna Rao, J.) (Tapabrata Chakraborty, J.)