Rafikul Mondal @ Rofikul Mondal v. State Of West Bengal

16.09.2022 Serial no. 27 [Dd] (Anticipatory bail) Allowed) CRM (A) 4458 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Domkal Police Station Case No. 235 of 2022 dated 17.04.2022 under Sections 447/325/326/354/427/34 of the Indian Penal Code and 3/4 E.S. Act.

-AndIn the matter of : Rafikul Mondal @ Rofikul Mondal ... ... Petitioner Mr. Jisan Iqubal Hossain, Advocate ... ... For the Petitioner Ms. Anasuya Sinha, Ms. Jonaki Saha, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated.

The injury report of the victim suggests that the victim suffered simple injury.

Apparently, remnants of explosives were seized. No recovery was made from the possession of the petitioner.

In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 petitioner shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4458 of 2022 is disposed of.

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