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Calcutta High CourtCRM (A)/625/2025allowed

Shanti Priya Saren v. The State Of West Bengal

2025-02-24Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

24.02.2025 as [ALLOWED] C. R. M. (A) 625 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Purulia (T) Police Station Case No. 23 of 2025 dated 15.01.2025 under Sections 406/420/506/34 of the Indian Penal Code.

In Re: Santi Priya Saren.

... ... Petitioner Mr. Sattwik Bhattacharyya, Mr. Aashutosh Bhattacharyya, Mr. Titas Niyogi, Mr. Aritra Roy.

... ... for the Petitioner Mr. Sarayati Dutta, Ms. Rituparna Saha.

... ... for the State 1.

Petitioner submits he had purchased two vehicles from defacto complainant. He has made part payment in respect of the vehicles. Disputes cropped up between the parties and petitioner has been falsely implicated in the case. Accordingly, he prays for anticipatory bail.

2.

Learned Advocate for the State opposes the prayer for anticipatory bail. He contends petitioner had issued cheques as sale consideration which upon presentation were dishonoured. 3.

We have considered the materials on record. Petitioner had entered into an agreement to purchase two vehicles for a consideration of Rs.32 lakhs. A sum of Rs.7 lakhs had been handed over to the de-facto complainant as part consideration. It is also contended bank loan of Rs.16 lakhs has also been credited to the de-facto complainant's account.

4.

In light of the aforesaid facts, substantial portion of the sale consideration has been paid. This belies the allegation that petitioner had intention to cheat the de-facto complainant from the inception of the transaction.

5.

Under such circumstances, we are inclined to grant bail to the petitioner.

6.

Accordingly, we direct that in the event of arrest, the petitioner viz., Santi Priya Saren be released on bail upon furnishing a bond of Rs.10,000/-, 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 482(2) of the BNSS. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 7.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth , J.) (Joymalya Bagchi, J.)