Samrat Mondal v. The State Of West Bengal

02.02.2024 Item No.39 Ct. No. 29 CHC Allowed C.R.M.(A) 5365 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Daspur Police Station F.I.R. No. 535/2023 dated 25.09.2023 under Sections 363/365/34 of the Indian Penal Code. And In the matter of : Samrat Mondal ...... petitioner Ms. Papiya Chattopadhyay ....for the petitioner Mr. S. S. Imam, Mr. A. Chakraborty ....for the State Petitioner prays for anticipatory bail.

Victim in her statement recorded under Section 164 of the Criminal Procedure Code exonerated the petitioner from kidnapping and abduction.

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 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 will report before the Investigating Officer as and when called for 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.

This application for anticipatory bail is, thus, allowed. CRM(A) 5365 of 2023 is disposed of.

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