Dharmnath Singh v. State Of West Bengal

02.03.2022 Serial no. 14 Dd CRM (A) 1027 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Asansol South Police Station Case No. 13 of 2022 dated 10.01.2022 under Sections 465/467/468/471/420/506/120B of the Indian Penal Code.

-AndIn the matter of : Dharamnath Singh ... Petitioner Mr. Bitasok Banerjee, Advocate ... ... For the Petitioner Mr. Madhusudan Sur, ld. APP Mr. Monoranjan Mahata, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. The petitioner as power of attorney holder of the owner of a immovable property. The owner of the property granting the power of attorney in favour of the petitioner did not lodge any complaint with regard thereto. The de facto complainant is no way connected with the petitioner. The owner of the property lodged the present complaint challenging the power of attorney of the petitioner.

Learned advocate appearing for the State draws the attention of the Court to the statements recorded under Section 161 of the Criminal Procedure Code.

Considering the fact that there are disputes with regard to an immovable property and considering the gravity

of the offence and the involvement of the petitioner therein, 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 appear before the Court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioner shall meet the Investigating Officer once in a month till completion of investigation.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 1027 of 2022 is disposed of.

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