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Calcutta High CourtCRM (A)/107/2025allowed

Parimal Majumder v. The State Of West Bengal

2025-02-05Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Subhendu Samanta2 pages

18.

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05.02.2025 05.02.2025 Ct. No. 28 (ARPAN) (ALLOWED) C.R.M. (A) 107 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gangnapur Police Station Case No.282 of 2024 dated 19.09.2024 under Section 420 of IPC corresponding to Section 318(5) of Bharatiya Nyaya Sanhita, 2023.

and In Re: Parimal Majumder.

... Petitioner Mr. Satadru Lahiri Mr. Sumit Kumar Dey Mr. S. Bhattacharya Mr. Syed Wasim Faruque ...for the Petitioner Mr. Prasun Kumar Dutta Mr. Pravas Bhattacharya ...for the State 1.

Petitioner contends the uncontroverted allegations in the FIR disclose an investment transaction in the company. There was dishonest intention from the inception of the said transaction. Accordingly, he prays for anticipatory bail.

2.

Investigating Officer is present. Learned lawyer for the State is unable to enlighten this Court whether other individuals had been induced by the petitioner to deposit in the company in similar manner.

3.

We have considered the materials on record. Uncontroverted allegations in the FIR show petitioner had induced the complainant to deposit a sum of Rs.51 lakhs in 'M/s. Aksan Limited' on the promise of high returns. However, investigation has revealed deposit of a sum of Rs.4 lakhs only. Nothing is placed before us to show that petitioner had indulged in similar activities with other persons and induced them to deposit in the said company. Given this situation, we are of the opinion the transaction appears to be an investment in the

company which may not require custodial interrogation for progress of investigation. Hence, we are inclined to grant anticipatory bail. 4.

Accordingly, we direct that in the event of arrest, the petitioner viz., Parimal Majumder 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 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

5.

The application for anticipatory bail is, thus, disposed of. (Subhendu Samanta, J.) (Joymalya Bagchi, J.)