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Calcutta High CourtCRM (A)/218/2023allowed

Nabakumar Pradhan And ORS v. State Of West Bengal

2023-01-17Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 218 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hare Street Police Station Case No. 219 of 2021 dated 09.10.2021 under Sections 403/406/419/420/506/341/379/427/34/120B of the Indian Penal Code, 1860.

And In the matter of: Nabakumar Pradhan & Ors.

....petitioners.

Md. Zeeshan Uddin Ms. Amrin Khatoon ...for the petitioners.

Mr. Ranabir Roy Choudhury Mr. Sandip Chakraborty ...for the State.

Mr. Somopriyo Chowdhury Mr. Dipayan Dan ... for the de facto complainant.

Petitioners pray for anticipatory bail.

17.01.2023 Sl.46 Court No.29 (AD) (Allowed) Co-accused was granted anticipatory bail by the order dated September 30, 2022 passed in CRM (A) 4836 of 2022. Petitioners, State and the de facto complainant are represented.

The disputes relate to affairs of a limited company recognized under the provisions of the Companies Act, 1930. The disputes are apparently civil in nature.

There is a civil suit pending.

In such circumstances, we grant anticipatory bail to the petitioners.

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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners will report before the Investigating Officer once a week till the conclusion of the investigation and on 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.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 218 of 2023 is, thus, disposed of. Needless to say the findings returned are for the purpose of consideration of the application for anticipatory bail and prima facie in nature.

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