Shankar Kundu v. State Of West Bengal
25.01.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 217 of 2022 (through Video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 1004 of 2021 dated 10.10.2021 under Sections 420/406/376/506 of the Indian Penal Code, 1860.
And In Re : Shankar Kundu ...... petitioner Ms. Karabi Roy ....for the petitioner Mr. Saibal Bapuli Mr. Bibaswan Bhattacharya ....for the State Petitioner seeks anticipatory bail.
Learned advocate appearing for the petitioner submits that, the petitioner and the de-facto complainant knew each other. The petitioner and the de-facto complainant to open a Life Insurance Policy where the de-facto complainant were named. She submits that, the de-facto complainant obtained loan from the petitioner.
Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) of the victim lady.
Considering the fact that the petitioner and the de-facto were known to each other and considering the past transaction
between the petitioner and the de-facto complainant, we 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/-, 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 meet the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioner shall appear before the jurisdictional court on every date fixed and pray for regular bail within a period of four weeks from date.
This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)