Sagar Ranjan Swain v. State Of West Bengal

C.R.M. (A) 541 of 2023 22.02.2023 Sl.8 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Golabari Police Station Case No.448 of 2022 dated 01.12.2022 under Sections 420/406/34 of the Indian Penal Code. (Corresponding to G.R. Case No.6723 of 2022).

And In the matter of: Mr. Sagar Ranjan Swain ....petitioner.

Mr. Sabyasachi Banerjee Mr. A.P. Agarwalla ... for the petitioner.

Mr. Prasun Kumar Datta, Ld. APP Mr. Nirupam Dhali ...for the State.

Mr. Apalak Basu Mr. Abhijit Sarkar Mr. Abhikchitta Kundu ... for the de facto complainant.

Petitioner prays for anticipatory bail.

Petitioner, State and the de facto complainant are represented.

The complaint revolves around agreements entered into in writing.

The Court is informed that the machine was made over by the petitioner to the de facto complainant.

Learned Advocate appearing for the de facto complainant submits that machine was received in a damaged condition. Considering the materials in the case diary and the conduct of the parties, we deem it appropriate to 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once a month 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. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 541 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)