Sunil Sinha v. State Of West Bengal

30.06.2021 Court No.30 rpan / 21 RM 2942 of 2020 With IA No.: CRAN 1 of 2020 [Old No.: CRAN 3315 of 2020] And IA No.: CRAN 2 of 2020 [Old No.: CRAN 3316 of 2020] (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Sunil Sinha Petitioner Mr. Shibaji Kumar Das ... for the Petitioner.

Mr. Rana Mukherjee, Mr. S. S. Imam, Mr. Subrato Roy ... for the State.

Apprehending arrest in connection with Chakdah P.S. Case No.102 of 2020 dated 20.03.2020 under Sections 420/406, the petitioner has filed the present application. Mr. Das, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated on the basis of a stale and imaginary complaint. There is no incriminating material against the petitioner. He further submits that considering the materials in the case diary, an interim order was passed in favour of the petitioner on 16th April, 2020. Mr. Roy, learned advocate appearing for the State opposes the petitioner's prayer.

Having heard the learned advocates appearing for the parties and considering the nature of allegations and the extent of complicity of the petitioner in the alleged offence, we are of the

opinion that custodial interrogation of the petitioner is not warranted in the facts and circumstances of the case. As such, the petitioner's prayer for anticipatory bail is allowed. Accordingly, we direct that in the event of arrest the petitioner, namely, Sunil Sinha shall be released on bail upon furnishing a bond of `10,000/- with two sureties of like amount each, one of whom must be local, 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. The application for anticipatory bail, being CRM No. 2942 of 2020 and the connected applications, being IA No.: CRAN 1 of 2020 [Old No.: CRAN 3315 of 2020] and IA No.: CRAN 2 of 2020 [Old No.: CRAN 3316 of 2020] are, thus, disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Suvra Ghosh, J.) (Tapabrata Chakraborty, J.)