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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.)