Prabir Banik And ANR v. State Of West Bengal

10.11.2021 Serial no. 28 Aloke Ct. No. 29 (Through Video Conference) CRM 2327 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 01.03.2021 in connection with Nabadwip P.S. Case No. 60 of 2021 dated 20.02.2021 under Sections 306/504/506/34 of the Indian Penal Code.

-AndIn the matter of: Prabir Banik & Anr.

... Petitioners Mr. Navanil Dey, Advocate Mr. Anirban Guha Thakurtha, Advocate Mr. Arka Banerjee, Advocate ... ... For the Petitioners Petitioners seek anticipatory bail.

None appears for the State even on the second call. Learned Advocate appearing for the petitioners submits that the de facto complaint was working under the petitioners. The de facto complainant also took a loan from the petitioner no. 2 of a sum of Rs.4 lacs. The petitioners were falsely implicated. He refers to the documents of loan at pages 14 and 15 of the petition. In absence of the State and in absence of the case diary showing any material implicating the petitioners and given the materials on record in the present case we are constrained to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall report before the investigating

officer once in a month in the event the investigations are not complete.

The prayer for anticipatory bail is allowed.

CRM 2327 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)