Nikhilesh Dey And ORS v. State Of West Bengal

15.01.2024 Item No.5 Ct. No. 29 CHC Allowed C.R.M.(A) 81 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kolaghat Police Station Case No. 600 of 2023 dated 25.09.2023 under Sections 406/420/506/34 of the Indian Penal Code, 1860. And In the matter of : Nikhilesh Dey & ors.

...... petitioners Mr. Anindya Ghosh, Mr. Pronojit Roy ....for the petitioners Mrs. Mamata Jana ....for the State Petitioners pray for anticipatory bail.

Apparently, the police complaint revolves around commercial transaction.

There is an element of civil disputes involved. In such circumstances, we grant anticipatory bail. Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, 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 no.1, namely, Nikhilesh Dey, petitioner no.2, Koushik Dey will report before the

Investigating Officer once in a month till the conclusion of investigation and petitioner no.3. Tarala Dey will cooperate with the investigation till the conclusion of the investigation and and on further condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. CRM(A) 81 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)