Saurabh Jha v. State Of West Bengal

12.03.2025 Item No.5 Ct. No. 26 CHC Allowed C.R.M.(A) 863 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Asansol North Police Station Case No. 22 of 2020 dated 21.01.2020 under Sections 406/ 419/ 420/ 465/ 120B of the Indian Penal Code, 1860, pending before the Court of the Learned Chief Judicial Magistrate, Asansol. And In the matter of : Saurabh Jha ...... petitioner Mr. Sabir Ahmed, Advocate Mr. Tasnim Ahmed, Advocate Mr. Dhiman Banerjee, Advocate Mr. Quazi Ezaz Ahmed, Advocate Ms. Punam Basu, Advocate ....for the petitioner Mr. Prasun Kumar Dutta, Ld. A.P.P.

Mr. Anindya Sundar Chatterjee, Advocate ....for the State

1. Police filed a report that the complaint was false before the jurisdictional Court. An exception application was filed by the de facto complainant.

Police are reinvestigating the police case.

2. Petitioner consequently, received notices from the investigating agency.

3. Considering the materials in the Case Diary and the fact that, police initially submitted a report that, complaint was false, we grant anticipatory bail to the petitioner.

4. 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, corresponding to Section 482(2) of the BNSS and on further condition that the petitioner shall meet the Investigating Officer once in a month till the conclusion of investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

5. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Smita Das De, J.)