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Calcutta High Court (Appellete Side)
Code vs In Re : Dobir Mondal @ Dobi Mondal on 19 February, 2024
Author: Debangsu Basak
Bench: Debangsu Basak
19.02.2024
27
Ct. No. 29
S.D.
Allowed
C.R.M.(A) 533 of 2024
In Re:- In Re:- An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure in connection
with Matia Police Station Case No. 140 of 2023 dated
27.03.2023 under Sections
498A/323/325/376/511/406/506/34 of the Indian Penal
Code.
And
In Re : Dobir Mondal @ Dobi Mondal
…… petitioner
Mr. Shataroop Purkayastha
Ms. Jagriti Bhattacharya
…for the petitioner
Mr. Apurba Kumar Datta
…for the State
Affidavit of service filed in Court be taken on record.
None appears on behalf of the defacto-complainant
despite service.
There is some amount of discrepancies between the
statement of the victim recorded under Section 161 and 164 of
the Cr.P.C.
Petitioner before us is the brother-in-law of the victim.
Allegation as against him in the police complaint is one of
attempt to rape and in the Section 161 of rape.
Injury report of the victim does not corroborate such
claim of sexual assault.
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. The petitioner will report before the
Investigating Officer once a fortnight till the conclusion of the
investigation. The petitioner shall appear on every date 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.)
(Md. Shabbar Rashidi, J.)