Grant of anticipatory bail to Ayes Mondal in a rape-related case. The court considered the merits, relationship context, and gravity of the offense before allowing the application with conditions.
Anticipatory bail granted on bond of Rs.10,000 with two sureties, subject to conditions of monthly reporting to I.O and court appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
12.05.2023
Serial no. 03
[Dd] (Anticipatory bail) (Allowed )
CRM (A) 1656 of 2023
In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Domkal Police Station Case No. 216 of 2023 dated 05.04.2023 under Sections 376(2) (f)/506 of the Indian Penal Code.
-And-
In the matter of : Ayes Mondal @ Ayesh Mondal
… …Petitioner
Mr. Nilardi Sekhar Ghosh, Mr. Tapadip Gupta, Ms. Sompurna Chatterjee, Mr. Sourav Mondal, Advocates
… … For the Petitioner
Mr. Avishek Sinha, Advocate … …For the State
Report as called for by the order dated May 2, 2023 filed in Court be taken on record.
It appears that there are large number of pendency with the Magistrates concerned. Apparently, Judicial Magistrate is taking steps for the purpose of distributing the workload amongst the judicial Magistrate available in the District.
So far as the merit of the present case is concerned, the petitioner stands protected till date. There is a statement recorded under Section 164 of the Criminal Procedure Code of the de facto complainant.
Statements of neighbours recorded under Section 161 of the Criminal Procedure Code suggest that the petitioner and the de facto complainant were into an illicit relationship.
Considering the materials in the case diary, gravity of the offence and the involvement of petitioner therein, we deem it appropriate to grant anticipatory bail to the petitioner.
2
Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 further condition that the petitioner shall report before the Investigating Officer once in a month till the conclusion of the investigation and on further condition that 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. Prayer for anticipatory bail of the petitioner is allowed . CRM (A) 1656 of 2023 is disposed of .
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in connection with the allegations under Sections 376(2)(f) and 506 IPC.
3 provisions across 2 enactments
Ayes Mondal @ Ayesh Mondal
State
Debangsu Basak
Md. Shabbar Rashidi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
