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Calcutta High CourtCRM (A)/3928/2023allowed

Alauddin @ Alal Mondal @ Alauddin Mondal v. State Of West Bengal

2023-09-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3928 of 2023 25.09.2023 SL. 29 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Domkal Police Station Case No. 660 of 2022 dated 15.10.2022 under Sections 376/354C/506 of the IPC.

And In the matter of: Alauddin @ Alal Mondal @ Alauddin Mondal ....petitioner.

Mr. Anit Dey ...for the petitioner.

Mr. Arijit Ganguly Mr. Avik Ghatak ...for the State.

1. Heard learned Counsel for both the parties.

2. From the order dated 04.07.2023 passed in CRM (A) 2367 of 2023, we find that the present petitioner is on a better footing than Mostafa Sk @ Mostafa Biswas enlarged on anticipatory bail vide order dated 04.07.2023 passed in aforesaid anticipatory bail application.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, ground of parity and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that:

i) The petitioner is directed to appear before the I.O. once in a week on the day and time fixed by the I.O.

for the purpose of investigation till submission of F.F.

4. The concerned Arresting Officer is hereby directed to act upon

the server copy of this order.

5. Within 21 days from today the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. The application being CRM (A) 3928 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)