Momin Mondal v. State Of West Bengal

VB 160.

17.10.2022 Ct.28 Tanmoy/TN Allowed C.R.M. (A) 4950 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Maheshtala Police Station Case No. 356 of 2022 dated 17/07/2022 under Sections 363/365 of the Indian Penal Code, 1860. Added Section 6 of POCSO Act, 2012.

And In the matter of: - Momin Mondal ...petitioner.

Mr. Sayan De, Mr. Sayan Kanjilal ...for the petitioner.

Mr. Rudradipta Nandy, Ld. A.P.P., Mr. Suman De ...for the State.

We have considered the statement of the victim from the materials placed before us. It appears that the victim left the home of the parents voluntarily and without any compulsion or for any connection with the petitioner. We are accordingly inclined to allow the prayer for anticipatory bail. Accordingly, in the event the petitioner is arrested, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties each of like amount, one of whom must be local, to the satisfaction of the arresting officer. The petitioner shall be subjected to the conditions of Section 438(2) of The Code of Criminal Procedure and shall make himself available for investigation as and when required.

In the event the petitioner fails to comply with the above conditions, the Court below shall be at liberty of cancelling this order without further reference to this Court. The application being C.R.M. (A) 4950 of 2022 stands allowed and disposed of in terms of the above. (Saugata Bhattacharyya, J.) (Moushumi Bhattacharya, J.)