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Calcutta High CourtCRM (A)/1315/2025allowed

Mukesh Patra v. State Of West Bengal

2025-05-15Hon'Ble Justice Jay Sengupta2 pages

15.05.2025 In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side Item No.DL6 Court No. 28 Asraf, AR(Ct.) ALLOWED Case No.

CRM (A) 1315 of 2025 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Bankura Police Station case no.99 of 2025 dated 29.03.2025 under Sections 318(4), 316(2), 316(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. -ANDIn the matter of :

MUKHES PATRA ......Petitioner For the Petitioner :

Mr. Soumik Ganguli .....Advocate For the State :

Mr. Ranabir Roy Chowdhury Mr. Md. Kutubuddin .....Advocates It was submitted before this Court on behalf of the petitioner that the petitioner had returned the money allegedly defalcated from the school funds, without prejudice. Even after doing so, the FIR was registered. At that time, it was contended on behalf of the State that the school registers from 2015 and the original cheque books and the school accounts register in question were being held back by the petitioner. Learned counsels appearing on behalf of the petitioner and the State submit that such documents have now been handed over to the Investigating Agency.

In view of the above and considering the materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case. Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.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 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that he shall cooperate with the investigation and shall meet the Investigation Officer of the case as and when required and he shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever The application for anticipatory bail being CRM (A) 1315 of 2025 is, thus, allowed.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

( Jay Sengupta, J. )