Bidisha Bhattacharjee v. State Of West Bengal

13.03.2023 sdas allowed CRM(DB) No. 827 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhadreswar Police Station Case No. 69 of 2022 dated 17.02.2022 under Sections 420/406/409/34 of the Indian Penal Code and chargesheet submitted under Sections 420/406/409/467/468/471/477A/34 of the Indian Penal Code. And In Re : Bidisha Bhattacharjee ...... petitioner Mr. Sourav Chatterjee Mr. Moyukh Mukherjee Mr. Koustav Lal Mukherjee Mr. Sarthak Mondal .....for the petitioner Mr. Sudip Ghosh Mr. Apurba Kumar Datta ..... for the State Learned Counsel for the petitioner submits she is in custody for over sixty days. It is also submitted that she is a mere customer and no way connected with the affairs of the bank. Behind her back, a sum of Rs.1,00,000/- was credited to her account. She prays for bail.

Learned Counsel for the State opposes the bail prayer. We have considered the materials on record. A number of fraudulent transactions had been generated by the employees of the bank. As a result of such transactions amounts were transferred from the accounts of the some customers to that of others. Petitioner is one of the beneficiaries of such fraudulent transactions. Investigation in the instant case revolves around documents and is complete. Keeping in mind the aforesaid facts

and period of detention suffered by the petitioner, we are inclined to grant bail to him.

Accordingly, we direct that 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 learned Additional Chief Judicial Magistrate, Chandannagar, Hooghly, subject to condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)