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Calcutta High CourtCRM (A)/876/2022allowed

Suman Bhaduri v. State Of West Bengal

2022-03-23Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

CRM (A) 876 of 2022 23.03.2022 Sl. 51 Court No.29 suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Lake Town P.S. Case No. 03 of 2022 dated 04/01/2022 under Sections 420/406/468 of the Indian Penal Code, 1860.

And In the matter of: Suman Bhaduri ....petitioner.

Mr. Pawan Kumar Gupta Ms. Sofia Nesar Ms. Ankita Dey Mr. Soumadip Chakraborty Mr. Santanu Sett ...for the petitioner.

Mr. Swapan Banerjee Ms. Purnima Ghosh ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. There is civil liability involved which is yet to be assessed.

Learned Advocate appearing for State submits that the petitioner defaulted in payment of the loan taken. The petitioner obtained the vehicle on loan upon submission of fake document. There is a civil liability no doubt involved. However, the issue as to whether the documents fake or not stand trial. At this stage, considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that the case largely revolves around of documents, 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 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 in a fortnight till the conclusion of the investigation and on condition that the petitioner shall appear every day 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.

CRM (A) 876 of 2022 is, thus disposed of.

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