Anindita Mandal v. State Of West Bengal
07.02.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 536 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Farakka Police Station Case No. 37 of 2023 dated 17.01.2023 under Sections 420/468/471/406/120B of the Indian Penal Code.
And In Re : Anindita Mandal ...... petitioner Mr. Amitava Karmakar Mr. Arup Kumar Bhowmik ....for the petitioner Mr. Papiya Chattopadhyay ....for the de-facto complainant Mr. Abhra Mukherjee Mr. Dipankar Mahata ....for the State The police complaint emanate out of a Deed of Partnership between two partners.
There is a issue of delay in lodgment of the First Information Report.
Apparently, the disputes are civil in nature. Accounts between the parties are required to be taken. State and the de-facto complainant are represented. 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 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 shall cooperate with the Investigating Officer till the conclusion of the 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. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)