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Calcutta High CourtCRM/2162/2021allowed

Tapas Pramanick v. State Of West Bengal

2021-06-07Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Justice Biswajit Basu2 pages

S.K/ S.M 07.06.2021 Ct. No.28 (Allowed) C.R.M. 2162 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 24/02/2021 in connection with Karimpur P.S. Case No. 10 of 2021 dated 13/01/2021 under Sections 420/466/467/468/471/474 of the Indian Penal Code.

And In the matter of: Tapas Pramanick ....petitioner.

Mr. Manas Kr. Das, Mr. Asraf Mandal ...for the petitioner.

Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ...for the State.

Ms. Karabi Roy ... for the de facto complainant. Application for anticipatory bail under Section 438 CrPC has been filed apprehending arrest in connection with Karimpur Police Station Case No. 10 of 2021 dated 13.01.2021 under Sections 420/466/467/468/471/474 of the Indian Penal Code. The application is opposed by the counsel for the State and also counsel for the de facto complainant. This Court having seen the FIR in the matter is of the view that the dispute involved in the matter is primarily civil in nature. This Court is also of the view that the custodial interrogation of the petitioner is not necessary. Accordingly, we direct that in the event of arrest, the petitioner 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 meet the investigating officer once in a week until further orders. The petitioner shall appear before the investigating officer and hand over his passport, if any, within a period of four weeks from date. In the event the petitioner does not have a passport, he shall personally appear before the investigating officer and furnish an affidavit to that effect within the time frame mentioned herein above.

In event of violation of any of the conditions, the bail shall be treated as cancelled by the trial court without further reference to this court.

The application for anticipatory bail is, thus, disposed of. (Biswajit Basu, J.) (Rajasekhar Mantha, J.)