Minarul Mondal v. The State Of West Bengal

02.09.2024 A-51 Court No.29 TN (Allowed) CRM (A) 3017 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Murutia Police Station Case No.225 of 2024 dated 25.07.2024 under Sections 108/3(5) of the BNS, 2023. And In the matter of: Minarul Mondal .... petitioner Mr. Asraf Mandal ....for the petitioner Md. Zubair Alam, Ms. Srilekha Chattopadhyay ....for the State 1.

Heard the learned counsel for the parties.

2.

Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of the alleged offence and having regard to the fact that the petitioner is the husband of the paramour of the deceased and no overt act is attributable to the petitioner as nothing is revealed from the case diary, we are of the view that custodial interrogation of the petitioner is not necessary.

3.

Accordingly, we direct that in the event of arrest, the petitioner, namely, Minarul 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 Signed By :

TANMOY NANDAN High Court of Calcutta 3 rd of September 2024 11:16:50 AM

Procedure, 1973, corresponding to Section 482(2) of the BNSS, 2023.

4.

The petitioner shall meet the Investigating Officer as and when required.

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.) (Shampa Dutt (Paul), J.) Signed By :

TANMOY NANDAN High Court of Calcutta 3 rd of September 2024 11:16:50 AM