Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Tapas Mondal @ Tapas Mandal on 21 July, 2016
Author: Patherya
Bench: Patherya
1 195 2016 HIK OWED C.R.M. 4634 of 2016.
In the matter of an application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 15.06.2016 in connection with Hanskhali P.S. Case No. 110 of 2016 dated 29.03.2016 under Sections 498A/323/406/506/325/354(B)/34 of the Indian Penal Code, 1860.
And In the matter of : Tapas Mondal @ Tapas Mandal. ... Petitioner.
Mr. Sumanta Das.
.. for the Petitioner.
Ms. Purnima Ghosh.
.. for the State.
This is an application under Section 438 of the Code of Criminal Procedure as filed by the accused petitioner praying for his release on anticipatory bail in the event of his arrest in connection with Hanskhali P.S. Case No. 110 of 2016 dated 29.03.2016 under Sections 498A/323/ 406/506/325/354(B)/34 of the Indian Penal Code, 1860.
Defence counsel submits that the petitioner is the nephew of the de-facto complainant/victim. He is in no way involved with the offence alleged. He has been falsely implicated. The date of incident is 14th February, 2016 while the petition of complaint has been filed under Section 156(3) Cr. P. C. on 24th February, 2016 and it is nothing but an afterthought. An incident took place on 14th February, 2016 and an FIR was filed in respect of Hanskhali P.S. Case No. 76 of 2016 dated 15th February, 2016 for the offence under 2 Sections 376/511/354 of the Indian Penal Code by Jayanti, the FIR named accused no. 4 against the brother of the de-facto complainant/victim and this case is nothing but a counter-blast to Hanskhali P.S. Case No. 76 of 2016.
Counsel for the State produces the case diary and submits that the marriage between the couple was solemnised in 2015 and the incident took place on 14th February, 2016. The medical treatment sheets at pages 2, 29, and 30 be looked into. Statement recorded under Section 161 Cr. P. C. at pages 25 to 27 be also looked into.
Having considered the submissions of the parties and on scrutiny of the case diary, sufficient material exists to warrant grant of anticipatory bail to the petitioner herein in the event of his arrest upon furnishing bond of Rs. 5,000/- along with two sureties of Rs. 2,500/- each to the satisfaction of the arresting authority subject to the conditions imposed under Section 438(2) of the Code of Criminal Procedure.
In view of the aforesaid, the prayer for anticipatory bail is allowed and the application is, thus, disposed of.
Certified copy of this order, if applied for, be given to the parties on priority basis.
( Patherya, J.) ( Samapti Chatterjee, J. ) 3