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Calcutta High CourtCRM/8075/2020allowed

Nagardip Mondal Alias Pochcho v. State Of West Bengal

2020-10-20Hon'Ble Justice Soumen Sen,Hon'Ble Justice Aniruddha Roy3 pages

20/10/2020 Item No. 50 D/L S. De (3) Through Video Conference CRM 8075 of 2020 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak P.S. Case No.628 of 2020 dated 18.08.2020 under Sections 417/376 of the Indian Penal Code.

Nagardip Mondal @ Pochcho.

Vs The State of West Bengal Mr. Kushal Kr. Mukherjee ...for the Petitioner. Mr. Tanmoy Kr. Ghosh Ms. Sima Biswas ...for the State.

The petitioner undertakes to affirm and stamp the petition/application as per the Rules within one month of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated. He is having love relationship with the victim.

The learned counsel for the State opposes the prayer for anticipatory bail.

Having considered the memo of evidence and the materials available to this Court and upon consideration of the medical report and extent of complicity of the petitioner with the commission of the alleged offence, we are inclined to grant ancitipatory 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, one of whom must be local, to the satisfaction of the investigating officer and 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 meet the investigating officer once in a week until further orders and he shall not enter the jurisdiction of Kaliachak P.S. except for the purpose of meeting the Investigating Officer and for attending Court proceedings as and when required and shall provide the present address of the petitioner to the Investigating Officer The application for anticipatory bail of the petitioners is, thus, allowed.

Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Aniruddha Roy, J.) (Soumen Sen, J.)