Sanjay Mondal v. The State Of West Bengal

07.10.2024 SL No.67 Court No.29 (SSS) (Allowed) CRM (A) 3635 of 2024 In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023; under Section 483 of the Code of Criminal Procedure, 1973 filed in connection with Ramnagar Police Station FIR No.73 of 2024 dated 11.02.2024 under Sections 363/366 of the Indian Penal Code. And In the matter of Sanjay Mondal.

- Petitioner.

Mr. Pintu Karar, Mr. Akashdeep Mukherjee, Mr. Sourav Roy, Advs.

......For the petitioner.

Mr. Ranabir Roy Chowdhury, Ms. Pallavi Priyadarshee, Advs.

....For the State.

1. Heard learned Counsels for the parties.

2. Considering the materials available in the case diary and having regard to the extent and nature of the dispute and involvement of the petitioner in the commission of alleged offence and the statement of the victim referred under Section 164 of the Criminal Procedure Code, which does not implicate the present petitioner, and also with regard to the fact that the child has been recovered, we are of the view that custodial interrogation of the petitioner is not necessary.

3. Accordingly, we direct that in the event of arrest, the petitioner, namely, Sri Sanjay Mondal shall be released on bail upon furnishing a bond of Rs.2,000/-, with one registered surety of like amount, 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. The petitioner shall deposit the mobile with the Investigating Officer for forensic examination within 24 hours without tampering with the said mobile. It is further directed that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Contai, Purba Medinipur in connection with G.R. Case No.361 of 2024 and pray for regular bail within three weeks from date and shall meet the I.O once in a fortnight.

4. The petitioner shall cooperate in the investigation as and when called for and produce all the relevant documents and furnish all information as has been required for the purpose of investigation and shall not leave the jurisdiction of Police Station Garbeta without the leave of the Investigating Officer.

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

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.)