Anup Mondal v. State Of West Bengal

24.09.2024 Court No.29 Item No.24 ar CRM (A) 3435 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Rampurhat Police Station Case No. 124 of 2024 dated 06.04.2024 corresponding to G.R Case No. 503 of 2024 under Sections 302/120B/34 of the Indian Penal Code. And In Re: Anup Mondal Petitioner Mr. Prosenjit Mukherjee Mr. Jahangir Hossain Mr. Samrat Banerjee For the Petitioner Mr. Subhamay Bhattacharya Ms. Srilekha Chattopadhyay For the State

1. The petitioner is the friend of the deceased and learned counsel for the petitioner submits that the petitioner stands on a better footing than Santi Let @ Anita Let, who was granted anticipatory bail on 05.7.2024 by a coordinate bench in CRM (A) 2183 of 2024.

2. Learned counsel for the State has fairly submitted that the petitioner stands on a better footing than Santi Let @ Anita Let.

3. In view of the aforesaid submission and considering the materials available in the case diary, the inquest report, the statement of the witnesses and family relationship of the deceased which, prima facie, does not implicate the petitioner for the alleged offence, 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, Anup Mondal shall be released on bail upon furnishing a bond of Rs.10,000/-, with two registered sureties of like amount each, subject to the satisfaction of the Arresting Officer and also to comply with the Signed By :

AMITAVA ROY High Court of Calcutta 25 th of September 2024 03:51:11 PM

conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023. The petitioner shall meet the I.O as and when required till the submission of the final report and on further condition that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Rampurhat, Birbhum, within two weeks from date in connection with G.R Case No. 503 of 2024. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

5. Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Uday Kumar, J) Signed By :

AMITAVA ROY High Court of Calcutta 25 th of September 2024 03:51:11 PM