Mahendra Mandal v. State Of West Bengal

CRM 627 of 2021 07.04.2021 In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 14.01.2021 in connection with Asansol Cyber Crime Police Station Case No. 12 of 2020 dated 12.03.2020 under Sections 419/420/406 of the Indian Penal Code.(G.R. Case No. 769 of 2020) and In the matter of: Mahendra Mondal ...... Petitioner Mr. Jayanta Narayan Chatterjee, Advocate Mr. Debasis Mitra, Advocate Mr. Nazir Ahmed, Advocate Ms. Jayashree Patra, Advocate Ms. Nandini Chatterjee, Advocate Ms. Ritushree Banerjee, Advocate Ms. Chandrima Roy, Advocate ......for the Petitioner Mr. Saibal Bapuli, Advocate Mr. Soumik Ganguli, Advocate ...... for the State Court No. 28 Item No. 45 snandy (anti-bail allowed) Apprehending arrest in connection with Asansol Cyber Crime Police Station Case No. 12 of 2020 dated 12.03.2020 under Sections 419/420/406 of the Indian Penal Code, the petitioner has filed the instant application for Anticipatory Bail.

The instant case has been initiated on the alleged incident of loss of mobile phone and using the SIM Card put therein for the purpose of transferring hefty amount from the account of the complainant. The present petitioner is the shop-owner who is engaged in the business of selling SIM Cards. His name transpires in a statement of a co-accused and no other evidence appears to have been made against him.

After perusing the statement of the co-accused namely Bijay Mondal, we do not feel that custodial interrogation of the petitioner is necessary in this case.

As such, the prayer for anticipatory bail is allowed.

Accordingly, we direct that in the event of arrest, the petitioner, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), 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 further condition that the petitioner shall meet the Investigating Officer of the once in week.

However, the petitioner shall remain present on each day when the matter is fixed before the concerned Court. Failure to appear on a solitary occasion without any justifiable cause may disentitle the petitioner from the immunity of Section 438 of Code of Criminal Procedure, extended to him, without any reference to this Court. The application being CRM 627 of 2021 accordingly disposed of.

(Harish Tandon, J.) (Tirthankar Ghosh, J.)