Sharukh Mondal v. State Of West Bengal

20.10.2020 D.L. No.27 Bpg.

CRM 7933 of 2020 With CRAN 1 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dhantala Police Station F.I.R. No.229 of 2020 dated 24th June, 2020 under Sections 376/511 of the Indian Penal Code.

And In the matter of: Sharukh Mondal

...Petitioner.

Mr. Sayantan Hazra ...for the petitioner.

Mr. Sandip Chakraborty.

...for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

Though the petitioner has referred to charges under Sections 376 and 511 of the Penal Code, the State says that the chargesheet has been submitted under Sections 354B and 448 of the Code.

Considering the lesser charges and the nature of circumstances, there may not be any need to take the petitioner into custody at this stage. However, the petitioner will not attempt to contact the survivor in any manner and will attend every date fixed for trial. Any unexplained absence will entitle the trial court to cancel the bail without further reference to this court. In the event of arrest, the petitioner will be enlarged on bail upon furnishing security of Rs.10,000/- (Rupees ten thousand)

only with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioner will also abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 7933 of 2020 and CRAN 1 of 2020 are disposed of. (Sanjib Banerjee, J.) (Arijit Banerjee, J.)