Roki Mondal @ Bimal Mondal @ Rocki v. The State Of West Bengal And ANR.

11.09.2024 AD-11 Court No.29 TN (Allowed) CRM (A) 3063 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Palashipara Police Station Case No. 378 of 2024 dated 28.07.2024 under Sections 329(4)/74/75/351(2)/3(5) of the BNS, 2023 and adding Sections 10/12 of the POCSO Act, 2012. And In the matter of: Roki Mondal @ Bimal Mondal @ Rocki .... petitioner Mr. Amanul Islam, Mr. Sourav Mukherjee ....for the petitioner Mr. S. S. Imam, Ms. Manisha Sharma ....for the State Mr. Atis Kumar Biswas, Ms. Jyoti Agarwal ....for the de facto complainant Ms. Anasuya Bhattacharya ....for the de facto complainant (appointed by High Court Legal Services Committee)

1. Heard the learned counsel for the parties.

2. Prima facie, it appears that the petitioner was in a relationship with the victim and he forcibly went to abduct her.

3. 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 taking into consideration the background facts, we are of the view that custodial interrogation of the petitioner is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Roki Mondal @ Bimal Mondal @ Rocki Signed By :

TANMOY NANDAN High Court of Calcutta 12 th of September 2024 09:50:49 AM

shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, 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. The petitioner shall not enter the jurisdiction where the victim is residing, except for the purpose of meeting the Investigating Officer and attending the court.

5. The petitioner shall meet the Investigating Officer once in a week.

6. It is further directed that the present accused petitioner shall appear before the learned Additional District & Sessions Judge cum Special Court (POCSO) Tehatta at Nadia within one week from date.

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

8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Prasenjit Biswas, J.) Signed By :

TANMOY NANDAN High Court of Calcutta 12 th of September 2024 09:50:49 AM