Anupam Joardar v. State Of West Bengal

07.04.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1602 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Barasat Police Station Case No. 156 of 2022 dated 07.03.2022 under Section 420 of the Indian Penal Code, 1860. And In Re : Anupam Joardar ...... petitioner Mr. Saryati Dutta Mr. Subhendu Sengupta Mr. Madan Mohan Roy ....for the petitioner Mr. Soumyapriyo Chowdhury Mr. Kaushik De Ms. Mohini Majumdar ....for the de-facto complainant Mr. Sudip Ghosh Mr. Bitasok Banerjee ....for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated. He refers to the general diary lodged by the petitioner and the complaint under Section 156(3) of the Code of Criminal Procedure (Cr.P.C.) filed by the petitioner. He submits that, the present police complaint is a counter-blast.

State and the de-facto complainant are represented.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. There are allegations and counter-allegations between the private parties. The allegations relate to a project of a film being produced. The allegations between the private parties relate making over money by one to the other and one private party claiming money from the other for the work done. Considering the gravity of the offence and relationship between the parties and the materials in the case diary, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall 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 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 month till the conclusion of the investigation and on condition that the petitioner shall appear every day 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)