Latika Mondal v. State Of West Bengal

26.03.2021 Ct.04 RP 127 Allowed CRM 11246 of 2020 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bagdah Police Station Case No.458 of 2020 dated 11.08.2020 under Sections 363/365/120B/506 of the Indian Penal Code.

And In the matter of : Latika Mondal .... Petitioner Mr. Rajdeep Majumder Mr. Pritam Ray .... For the Petitioner Mr. Ranabir Ray Chowdhury Mr. Mainak Gupta .... For the State The present application under section 438 of the Code of Criminal Procedure, 1973 filed at the instance of Latika Mondal is taken up for hearing and order. It is submitted on behalf of petitioner that she has been falsely implicated in the instant case and has no nexus with the alleged kidnapping.

The State produces the case diary and refers to the statement of the victim under Section 164 of the Code of Criminal Procedure and opposes the prayer for anticipatory bail.

It appears from the materials on record that there is no prima facie material under Sections 363 and 365 of the Indian Penal Code against the petitioner. Considering the extent of complicity of the petitioner in the alleged crime,

we are inclined to hold that custodial interrogation of the petitioner is not required.

Accordingly, in the event of arrest, the petitioner is directed to be released on anticipatory bail upon furnishing bond of Rs.10,000/-( Rupees Ten Thousand only) with two sureties of like amount to the satisfaction of the Arresting Officer. The petitioner will abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 11246 of 2020 is disposed of.

(Arindam Sinha, J.) (Suvra Ghosh, J.)