Dilip Nandi v. State Of West Bengal

17.02.2023 Serial no.03 [Dd] (Anticipatory bail) Allowed) CRM (A) 661 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 1331 of 2022 dated 22.12.2022 under Sections 465/468/471/420/120B of the Indian Penal Code. -AndIn the matter of : Dilip Nandi ... ... Petitioner Ms. Minoti Gomes, Mr. Amanul Islam, Mr. Sourav Mukherjee, Advocates ... ... For the Petitioner Mr. Tanmoy Kr. Ghosh, ld. SGA Ms. Sonali Bhar, Advocates ... ...For the State There is a civil suit pending between the private parties being Title Suit no. 217 of 2022 before the Court of learned Civil Judge, Senior Division at Ranaghat.

The petitioner is a party defendant in such suit. An element of civil disputes is involved. Need for custodial interrogation of the petitioner is not felt. In such circumstances, we are inclined 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 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 report before the Investigating Officer as and when called for till the conclusion of

the investigation and on further 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.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 661 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)