Subhas Chandra Biswas @ Subhas Ch. Biswas v. State Of West Bengal

29/04/2025 D/L 34 Ct. No.28 S.Kundu C.R.M.(A) 1360 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 Karimpur police station case no. 43 of 2025 dated 17.3.2025 under Sections 420/406/34 of the IPC.

In the matter of: Shri Subhas Chandra Biswas @ Subhas Ch. Biswas ... Petitioner Mr. B. Bhattacharyya ...for the petitioner.

Ms. Subhasree patel Ms. Suparna Chatterjee ...for the State.

1. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the maternal uncle of the de-facto complainant. It is alleged in this case that in 2017, the petitioner verbally agreed to sell a plot of land to the de-facto complainant for a total consideration of Rs.5 Lakhs.

Subsequently, Rs.1 Lakh was electronically transferred to the petitioner and rest was paid in cash including an extra sum of Rs.2 Lakh. The petitioner has replied to the notice issued by the Investigating Agency.

2. Learned counsel appearing for the State relies on the case diary which contains a copy of the document regarding electronic transfer of Rs.1 Lakh.

3. In view of the nature of allegations which, among other things, refer to a verbal agreement for sale of land and a

transfer of sums of money in cash between two relatives, I do not find that custodial interrogation of the petitioner is required in this case.

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 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.)