Gopinath Ganguly And Another v. State Of West Bengal

28.03.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1251 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bansdroni Police Station Case No. 172 of 2022 dated 24.09.2022 under Sections 120B/420/406/467/468/471 of the Indian Penal Code, 1860.

And In Re : Gopinath Ganguly & Anr.

...... petitioners Mr. Sekhar Kumar Basu, Sr. Advocate Mr. Sourav Chatterjee Mr. Antarikhya Basu Mr. Sayan Mukherjee Ms. Madhumita Basak ....for the petitioners Mr. Debasish Roy Mr. Soumya Nag Mr. A. Rakshit ....for the de-facto complainant Mr. Saibal Bapuli Mr. Arijit Ganguly Mr. Arani Bhattacharya ....for the State Petitioners pray for anticipatory bail.

Learned senior advocate appearing for the petitioner submits that, the police complaint relates to a registered document of 2005. There is a consumer complaint pending. It is only when the consumer complaint was fixed for final hearing and the complainant was unable to produce the illegal document that the present police complaint was filed. State and the de-facto complainant are represented.

Learned advocate appearing for the de-facto complainant submits that, signature of the de-facto complainant was forged in order to deprive the de-facto complainant of the legitimate share of the development agreement.

There is a consumer complaint pending between the private parties. The police complaint revolves around a development agreement. It is the claim of the de-facto complainant that he was deprived of his legitimate share under the development agreement by reason of a forged document. The consumer complaint is pending with regard to such issue filed at the behest of the de-facto complainant. The issue as to whether the document on the basis of which, title was transferred, is an issue which is required to be looked into by an appropriate forum. The document is a registered document. In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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 petitioners shall meet the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioners 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 petitioners 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.) (Md. Shabbar Rashidi, J.)