Surajit Sarkar v. State Of West Bengal

28.01.2022 Serial no. 03 Dd (Through Video Conference) CRM(A) 195 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No. 1111 of 2021 dated 01.10.2021 under Sections 420/406/408/34 of the Indian Penal Code.

-AndIn the matter of : Surajit Sarkar ... Petitioner Mr. Jisan Iqubal Hossain, Advocate ... ... For the Petitioner Mr. P. K. Dutta, ld. APP Mr. Santanu Deb Roy, Advocates ... ...For the State Mr. Ali Ahsan Alamgir, Ms. Rabia Khatoon, Advocates ... ...For the de facto complainant Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner deposited the amount claimed to be defalcated by the petitioner. The petitioner is now sought to be falsely implicated since the petitioner left the job. Learned advocate appearing for the State draws the attention of the Court to the contents in the case diary. Learned advocate appearing for the de facto complainant submits that there are criminal antecedent of the petitioner in the sense that the petitioner defalcated the money belonging to the Life Insurance Company of India and that the de facto complainant made over such document to the Investigating Officer.

In response to a query from Court, learned advocate appearing for the State submits that the police are yet to receive any complaint with regard to the LICI incident. In the circumstances, considering the gravity of the offence and the involvement of the petitioner therein, we are inclined to grant anticipatory bail to the petitioner. 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 appear before the Court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioner shall meet the Investigating Officer once in a month till completion of investigation.

Prayer for anticipatory bail is allowed.

CRM(A) 195 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)