Tarak Moni v. State Of West Bengal

C.R.M. (A) 5683 of 2022 (AD) 06.12.2022 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No.27 of 2021 dated 08/01/2021 under Sections 363/366/34 of the Indian Penal Code, 1860. And In the matter of: Tarak Moni ....petitioner.

Mr. Malay Bhattacharyya Ms. Shefa Mondal ...for the petitioner.

Mr. S. S. Imam Mr. R. Jana ...for the State.

Petitioner prays for anticipatory bail.

Co-accused was enlarged on anticipatory bail by the order dated November 30, 2022 passed in CRM (A) 5556 of 2022. The victim in her statement recorded under Section 164 of the Code of Criminal Procedure states that she went voluntarily subsequent to an altercation at her paternal home. The police filed charge sheet.

In such circumstances, we 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on 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.

The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 5683 of 2022 is disposed of.

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