Calcutta High Court (Appellete Side)
Tapas Mandal vs Unknown on 30 January, 2019
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 571 30.1.2019
C.R.M.8446 of 2018 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 25/09/2018 in connection with Bhimpur P.S. Case No.186 of 2018 dated gd 06/09/2018 under Sections 376/511/506 of the Indian Penal Code.
And In the matter of: Tapas Mandal.
....petitioner.
Mr. Atis Kumar Biswas Mr. Amit Singh ...for the petitioner.
Mr. Tanmay Kumar Ghosh Mr. Arindam Sen ...for the State.
The petitioner seeks anticipatory bail in connection with Bhimpur P.S. Case No.186 of 2018 dated 06/09/2018 under Sections 376/511/506 of the Indian Penal Code.
The petitioner claims that a further false complaint has been lodged against the petitioner upon the petitioner obtaining bail in connection with a previous false case.
The State says that in the light of the petitioner's consistent conduct, the petitioner should not be granted any latitude. The State also refers to the statement of the alleged victim recorded under Section 164 of the Code.
Considering the material against the petitioner, including the statement of the alleged victim, it does not appear that there is any need to take the petitioner into custody at this stage as long as the petitioner stays outside his comfort zone. The petitioner will not enter any place within the jurisdiction of Bhimpur Police Station till the completion of the investigation in this case and the completion of the investigation in Bhimpur Police Station Case No.118 of 2018 dated June 22, 2018, whichever is later. However, such restraint on the petitioner will not prevent the petitioner from responding to the calls of the investigating officer.
Subject to the above, in the event of arrest, the petitioner is directed to be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of Rs.5,000/- (Rupees Five Thousand Only) each to the satisfaction of the Arresting Officer, subject to the conditions laid 2 down in Section 438(2) of the Code of Criminal Procedure, 1973. In addition, the petitioner will report to the Investigating Officer at such time and place as may be specified by the concerned police officer, till the investigation is completed.
The petition for anticipatory bail is partly allowed on the conditions indicated above.
A certified copy of this order be immediately made available to the petitioner, subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.) (Suvra Ghosh, J.)