Gopal Modak @ Gopal Modok v. The State Of West Bengal
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI 13.12.2023. C.R.M. (A) 1006 of 2023 25/tkm In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Tufanganj P.S case no. 985 of 2023 dated 11.11.2023 under sections 341/354/506 of the IPC And Allowed In Re : Gopal Modak @ Gopal Modok ......petitioner Mr. Arijit Ghosh ...for the Petitioner Mr. Aniruddha Biswas ...for the State 1.
Petitioner submits allegation of outraging modesty is out and out false. He has been falsely implicated. He prays for anticipatory bail.
2.
Learned lawyer for the State opposes the prayer for anticipatory bail. He contends petitioner did not co-operate with investigation.
3.
We have considered the material on record. Keeping in mind the nature of allegation we are of the opinion though custodial interrogation of the petitioner is not necessary, movement of the petitioner requires to be restricted in order to prevent commission of similar offence in future.
4.
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 and on further condition
that the petitioner while on bail shall not enter the jurisdiction of Tufanganj P.S. except for the purpose of investigation and attending court proceeding and shall report to the concerned officer in charge within whose jurisdiction he shall reside while on bail once in a week until further orders and shall provide the address where he shall presently reside to the investigating officer as well as court below.
5.
Petitioner shall appear before the court below and pray for regular bail within four weeks from date. 6.
The application being CRM (A) 1006 of 2023 is disposed of.
(Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)