Joy Kumar Pal v. State Of West Bengal

11.04.2022 Serial no. 14 [Dd] (Anticipatory bail Allowed) CRM (A) 1644 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Daspur Police Station Case No. 45 of 2022 dated 08.02.2022 under Sections 498A/494/323/307/506/34 of the Indian Penal Code (G.R. Case No. 128/2022).

-AndIn the matter of : Joy Kumar Pal ... ... Petitioner Mr. Arup Kumar Bhowmick, Advocate ... ... For the Petitioner Mr. Debabrata Chatterjee, ld. APP Mr. Santanu Chatterjee, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the de facto complainant is involved in a case relating to defalcation of funds in her official capacity as the postmaster. The petitioner thereafter filed a proceeding under Section 156(3) of the Criminal Procedure Code seeking a direction upon the petitioner to pay such defalcated amount. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. Considering the gravity of the offence and the involvement of the petitioner therein and considering the claim of the petitioner as made in the above, we are inclined to 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/- (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 report before the Investigating Officer once in a week till the conclusion of the investigation and on further 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.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 1644 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)