Bholanath Naskar v. State Of West Bengal

27.02.2024 Item No.34 Ct. No. 29 CHC Allowed C.R.M.(A) 317 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dankuni Police Station Case No. 243 of 2022 dated 01.07.2022 under Sections 419/420/468/471/120B of the Indian Penal Code. And In the matter of : Bholanath Naskar ...... petitioner Mr. Mrityunjoy Chatterjee, Mr. Debapriya Majumder, Mr. Akash Sarkar ....for the petitioner Mr. Soumik Ganguli ....for the State Mr. Anindya Halder ....for the de facto complainant The Court is informed that, the petitioner withdrew the civil suit.

State and the de facto complainant are represented. Police complaint revolves around an immovable property and claim of title with regard thereto.

Materials in the Case Diary do not suggest requirement of custodial interrogation of the petitioner.

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/- (Rupees Ten Thousand only), 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 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner will report before the Investigating Officer once in a month till the conclusion of investigation and on condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. CRM(A) 317 of 2024 is disposed of.

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