Dharmendra Gupta And ORS v. State Of West Bengal

CRM (A) 823 of 2022 25.02.2022 Sl. 03 Court No.29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Durgapur P.S. Case No. 18 of 2019 dated 10/01/2019 under Sections 420/467/468/471/506/120B of the Indian Penal Code. And In the matter of: Dharmendra Gupta & Ors.

....petitioners.

Mr. Chittapriya Ghosh ...for the petitioners.

Mr. Prasun Kumar Dutta Mr. Subrato roy ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. Learned Advocate appearing for the State draws the attention of the Court to the contents in the case diary. There is nothing on record as on date to suggest that the Investigating Officer issued any notice under Section 41A of the Criminal Procedure Code to the petitioners subsequent to the order dated February 18, 2022.

Considering the gravity of the offence and the involvement of the petitioners therein, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand only) each 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 petitioners shall meet the Investigating Officer as and when called for till the conclusion of the investigation and that the petitioners shall appear before the jurisdictional Court and pray for regular bail within four weeks from date. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 823 of 2022 is, thus, disposed of.

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