Calcutta High CourtCRM (A)/818/2022allowed

Sk. Lokai @ Sekh Lokai @ Sk. Lakai v. The State Of West Bengal

2022-02-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M.(A)818 of 2022 (AD) 22.02.2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khanakul P.S. Case No.12 of 2022 dated 06/01/2022 under Sections 420/406/120B of the Indian Penal Code, 1860.

And Court No.29 (Allowed) In the matter of: Sk. Lokai @ Sekh Lokai @ Sk, Lakai ....petitioner.

Mr. Kallol Mondal Mr. Krishan Ray Mr. Saibal Krishna Dasgupta ...for the petitioner.

Mr. Sanjoy Bardhan Ms. Baishakhi Chatterjee ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. There was previous police complaint filed by the de facto complainant against the petitioner relating to a particular amount of money allegedly taken by the petitioner and not returned. The petitioner was languishing in custody at the material point of time when the de facto complainant claims that the petitioner obtained the money from the de facto complainant in the present police case. Learned Advocate appearing for the State draws the attention of the Court to the statements recorded under Section 161 of the Code of Criminal Procedure of the principal accused. He submits that the principal accused along with two of his wives are still absconding. The investigations are yet to be concluded.

Considering the gravity of the offence and the involvement

of the petitioner therein and considering the materials in the case diary, 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 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 fortnight 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 prayer for anticipatory bail of the petitioner is allowed. C.R.M.(A)818 of 2022 is disposed of.

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