Raju Maity v. State Of West Bengal

C.R.M. (DB) 207 of 2022 (Via Video Conference) (AD) 28.01.2022 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk P.S. Case No.746 dated 22/12/2020 under Sections 420/406/384/379/506 of the Indian Penal Code, 1860. And In the matter of: Sri Raju Maity ....petitioner.

Mr. Noni Gopal Sarkar Mr. Devranjan Das ...for the petitioner.

Mr. S.S. Imam Mr. S. Kundu ...for the State.

Mr. Ramdulal Manna Mr. Sayan Mukherjee ... for the de facto complainant.

Petitioner seeks anticipatory bail.

Leave granted to the learned Advocate for the de facto complainant to file vakalatnama.

Learned Advocate appearing for the petitioner submits that the disputes are entirely civil in nature. The petitioner was falsely implicated.

Learned Advocate appearing for the State submits that the investigations are at the nascent stage.

Learned Advocate appearing for the de facto complainant submits that the petitioner is dealing with the motor vehicles under hire purchase without paying the lease rentals. The de facto complainant is at liberty to take appropriate steps so far as the lease or the hire purchase agreement is concerned in accordance with law.

The disputes being purely civil in nature cannot be discounted.

In such circumstances, 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 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 that the petitioner shall appear before the jurisdictional Court and pray for regular bail within four weeks from date.

The application for anticipatory bail being C.R.M. (DB) 207 of 2022 is, thus, disposed of.

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