Dilwar Thandar v. The State Of West Bengal

05.02.2025 sdas Allowed C.R.M. (A) No. 156 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Nadial Police Station Case No. 7 dated 06.01.2025 under Sections 318(4)/316(2) of the BNS.

And In Re : Dilwar Thandar ..... petitioner Mr. Mani Sankar Chattopadhyay .....for the petitioner Mr. Debasish Roy, learned PP Mr. Kunal Ganguly ....for the State 1.

Learned Counsel for the petitioner submits he has paid the sale consideration as stated in the registered sale deed. He prays for anticipatory bail.

2.

Learned Counsel for the State opposes the prayer for anticipatory bail and submits land was under-valued in the sale deed.

3.

We have considered the materials on record. In the FIR de facto complainant alleges land was transferred on the promise that a sum of Rs.1crore shall be paid. However, registered deed shows the land had been transferred for Rs.2 lakhs. The said amount has been paid. A presumption of genuineness is attached to a registered instrument. Under such circumstances, we are of the opinion custodial interrogation of Signed By :

SHANTANU DAS High Court of Calcutta 10 th of February 2025 04:11:39 PM

the petitioner is not necessary and he may be granted anticipatory bail.

4. 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 482(2) of the Bharatiya Nagarik Suraksha Sanhita and on condition that he shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

5. The application for anticipatory bail is, thus, allowed. (Subhendu Samanta, J.) (Joymalya Bagchi, J.) Signed By :

SHANTANU DAS High Court of Calcutta 10 th of February 2025 04:11:39 PM