Subhash Chowdhury v. State Of West Bengal

28.07.2021 Item no.30 Court No.32.

S.De (Allowed) (Via Video Conference) CRM No. 1568 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 05.02.2021 in connection with Chanditala Police Station Case No. 327 of 2020 dated 22.10.2020 under Sections 420/406/ of the Indian Penal Code.

And In the matter of : Subhas Chowdhury.

......Petitioner.

Mr. Subhasish Pachhal, Advocate, Mr. Jayanta Kr. Sanyal, Advocate, Mr. Anath Nath Naskar, Advocate, Mr. Arkodev Biswas, Advocate, ......for the Petitioner.

Ms. Sukanya Bhattacharyya, Advocate, Md. Kutubuddin, Advocate, ......for the State.

The complainant appears to be a land broker. The petitioner apparently wanted to acquire a plot of land and got in touch with the complainant. No deal materialized. The complainant has filed the present complaint on the basis whereof a case has been initiated against the petitioner who prays for anticipatory bail.

We have seen the material in the case diary. We have heard learned counsel for the State. It appears that there is commercial dispute between the petitioner and the complainant. Having regard to the nature and gravity of the allegation and the material on record, we are of the view that immediate custodial interrogation of the petitioner may not be necessary so long as he cooperates with the investigating officer. Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders.

The application for anticipatory bail being CRM 1568 of 2021 is, thus, allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)