Intaj Mondal Vs State of West Bengal

14.09.2023 tkm/ct 28 spl no. 4

C.R.M. (A) 3683 of 2023

In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Nabadwip P.S case no. 73 of 2023 dated 13.2.2023 under sections 498A/448/376/511/506/34 IPC And

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Allowed

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In Re : Intaj Mondal …… petitioner

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Mr. K Hasan …… for the petitioner Mr. Anwar Hossain Ms. Sreyashee Biswas

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…… for the State

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Petitioner submits that there was a matrimonial dispute between the de facto complainant and her husband. Petitioner is the brother-in-law of the victim. There is inordinate delay in lodging FIR. He prays for anticipatory bail.

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Learned lawyer for the State opposes the prayer for anticipatory bail. He submits victim suffered injuries.

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We have considered the materials on record. De facto complainant alleged on 29.12.2022 petitioner had attempted to rape her. Thereafter co-accused assaulted her. No contemporaneous complaint was lodged. There is delay of about 1½ months in lodging complaint. This needs to be explained during trial.

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Keeping in mind the aforesaid circumstances and as the injuries are simple, we are inclined to grant anticipatory bail to the petitioner.

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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

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2

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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.

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Petitioner shall appear before the court below and pray for regular bail within four weeks from date.

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The application being CRM (A) 3883 of 2023 is disposed of.

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(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)

Intaj Mondal v. State of West Bengal

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Intaj Mondal v. State of West Bengal

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