Kaushik Baul v. State Of West Bengal And ANR
10.01.2024.
Ct.No. 13 Item No. 8 sp C.R.M. (S.B.) 5 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure, 1973, filed on 03.01.2024, in connection with a Complaint Case under Section 138 of the Negotiable Instrument Act, 1881.
And In the matter of : Kaushik Baul ...petitioner Mr. Shah Jamal Hazra ...For the petitioner An appeal in connection with a complaint case being Case No. 686 of 2017 under Section 138 of the N.I. Act, has been filed.
The disputes between the parties are civil in nature. The parties had business relations in the past. In view of the above, this Court is of the view that the petitioner has made out a good case for bail. The petitioner shall be released from custody on condition that he shall appear before the Court below on every fixed date. Any further condition for continuation of bail may be imposed by the learned 11th Metropolitan Magistrate, Kolkata.
In the event the petitioner fails to comply with the conditions as enshrined herein before, it is open to the Trial Court to cancel the bail without any further reference to this Court.
C.R.M. (SB) 5 of 2024, shall stand allowed.
The petitioner shall serve notice of this order on the private respondent.
The private respondent shall be entitled to take any step in the event any material facts have been suppressed before this Court.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.)