Moti Mandal v. State Of West Bengal

21.11.2022 Serial no. 33 [Dd] (Anticipatory bail) Allowed) CRM (A) 5330 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak Police Station Case No. 595 of 2022 dated 15.10.2022 under Sections 417/376 of the Indian Penal Code.

-AndIn the matter of : Moti Mandal ... ... Petitioner Mr. Kalidas Saha, Advocate ... ... For the Petitioner Mr. Prasun Kr. Dutta, ld. APP Mr. Nirupam Dhali, Advocates ... ...For the State The victim in her statement recorded under Section 164 of the Criminal Procedure Code acknowledges that there was a relationship between her and the petitioner over a considerable period of time.

The victim and the petitioner are adults.

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 month 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) 5330 of 2022 is disposed of.

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