Calcutta High Court (Appellete Side)
Code vs In Re : Dhananjoy Mondal on 28 March, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
28.03.2022 23 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1393 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhagwangola Police Station Case No. 57 of 2021 dated 27.01.2021 under Sections 489B/489C of the Indian Penal Code, 1860.
And In Re : Dhananjoy Mondal ...... petitioner Mr. Ali Ahsan Alamgir Ms. Riya Das Ms. Rabia Khatoon ....for the petitioner Mr. Neiguive Ahmed Mr. Iqbal Kabir ....for the State Petitioner seeks anticipatory bail. Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated. The police filed charge-sheet and, therefore, custodial interrogation of the petitioner is not required.
Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary.
Apparently, the police are proceeding against the petitioner on the basis of the statement of the co-accused made while in custody. No fake currency was recovered from the possession of the petitioner. The police filed charge-sheet. 2 In such circumstances, we 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.
This application for anticipatory bail is, thus, allowed.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)