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Calcutta High CourtCRM (A)/1309/2025allowed

Indranil Sur v. State Of West Bengal

2025-04-24Hon'Ble Justice Jay Sengupta2 pages

24/04/2025 D/L 43 Ct. No.28 S.Kundu C.R.M.(A) 1309 of 2025 Allowed In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure. In connection with Durgapur police station case no. 51 of 2025 dated 11.2.2025 corresponding to GR no. 206 of 2025 under Sections 318(4)/316(2) of the BNS.

In the matter of: Indranil Sur ... Petitioner Mr. Apurba Kr. Datta Ms. Sreemayee Mukherjee ...for the petitioner.

Mr. Rudradipta Nandy Ms. B. Chatterjee ...for the State.

1. Learned counsel appearing on behalf of the petitioner submits as follows. Although the agreement for sale was entered into on 3.7.2017, the FIR was registered only on 11.2.2025. it is alleged that out of total sum of Rs.18.6 Lakhs fixed as consideration money, a sum of Rs.4.5 Lakhs was given. Yet, the land was not transferred. The land was not transferred because the petitioner did not pay the full money. The dispute, if at all, is purely civil in nature.

2. Learned counsel appearing on behalf of the State vehemently opposes the prayer for anticipatory bail and submits that investigation is going on.

3. Considering the nature of allegations, a predominant civil flavour in the dispute and the fact that most of the relevant documents have been seized during

investigation, I do not think that custodial interrogation of the petitioner is required.

4. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioner shall cooperate with the investigation, the petitioner shall meet the I.O as and when required till submission of report in final form and shall not threaten or intimidate witnesses.

5. Accordingly, the application for anticipatory bail is allowed.

6. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)