Anirban Mukherjee v. The State Of West Bengal

15.01.2025 07.

Ct. No. 28 SG [ALLOWED] C. R. M. (A) 144 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bowbazar Police Station Case No. 113 of 2022 dated 19.04.2022 under Sections 120B/420/405/406/409/467/468/471 of IPC.

And In Re: Anirban Mukherjee.

... ... Petitioner Mr. Ratikanta Pal.

.... for the petitioner Mr. Saryati Dutta, Mr. Rahul Ganguly.

.... for the State 1.

Petitioner was one of the directors of the company, namely, Purulia Metal Casting Private Limited (PMC). He had resigned from the directorship of the Company on 3rd July, 2020. He contends he had no role to play in the transaction which is the subject matter of the caseHis father i.e. Bhabani Prasad Mukherjee has been enlarged on bail. Accordingly, he prays for anticipatory bail.

2.

Learned Advocate for the State submits petitioner and other directors of the Company had induced the complainant to deposit money on the false assurance of transfer of 50 per cent share holding in the Company. He had committed similar offences earlier.

3.

We have considered the materials on record. Petitioner was a director of the Company for a brief period. The affairs of the Company was primarily managed by his father i.e. Bhabani Signed By :

SOURAV GHOSH High Court of Calcutta 16 th of January 2025 04:55:50 PM

Prasad Mukherjee who is on regular bail. A civil suit is pending by and between the parties over self-same issue. Earlier criminal cases registered against petitioner do not relate to the affairs of the Company.

Custodial interrogation for progress of investigation is not necessary and petitioner may be granted anticipatory bail.

4.

Accordingly, we direct that in the event of arrest, the petitioner viz., Anirban Mukherjee 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. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SOURAV GHOSH High Court of Calcutta 16 th of January 2025 04:55:50 PM