Amirul Mondal v. State Of West Bengal

07.12.2020 tkm/ct 3 C.R.M. 9852 of 2020 sl no. 68 (via video conference) In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Domkal P.S case 59 of 2020 dated 6.2.2020 under sections 448/323/376 of the IPC Allowed and In Re : Amirul Mondal ...... petitioner Mr. M Chatterjee ...... for the petitioner Ms. Sukanya Bhattacharya Md. Kutubudin ...... for the State It is submitted on behalf of the petitioner that there is delay for about a month in lodging FIR.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record in the light of the aforesaid submission relating to delay in lodging FIR. No document with regard to prior complaint to superior police officer is appearing from the case records.

Under 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/- 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.

The application being CRM 9852 of 2020 is disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)