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Calcutta High Court (Appellete Side)

Tapas Mondal @ Tapas Mandal vs Unknown on 5 February, 2018

                                                1

100   05.02.2018
rkd   Ct. No.28                              C.R.M. 982 of 2018
      (Allowed)

In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 01/02/2018 in connection with Falakata P.S. Case No. 05 of 2018 dated 03/01/2018 under Sections 417/376/506 of the Indian Penal Code.

And In the matter of: Tapas Mondal @ Tapas Mandal ....petitioner.

Mr. A. Ghosh ...for the petitioner.

Ms. S. Das ...for the State.

It is submitted on behalf of the petitioner that the victim is a married lady and there is delay in lodging the first information report.

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

Having considered the materials in the case diary and bearing in mind the nature of allegations and the fact that the parties were major at the time of cohabitation, we are inclined to grant anticipatory bail to the petitioner.

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 for anticipatory bail is, thus, disposed of. (Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)