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Calcutta High CourtCRM (A)/1628/2023dismissed as rejected

Lata Gupta v. State Of West Bengal

2023-04-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1628 of 2023 18.04.2023 Sl.34 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Panchla Police Station FIR No.84 of 2023 dated 29.03.2023 under Sections 406/420/465/467/468/506/120B of the Indian Penal Code, 1860.

And In the matter of: Lata Gupta ....petitioner.

Mr. Sabyasachi Chatterjee Mr. Badrul Karim Mr. Kiron Sk ... for the petitioner.

Mr. S. S. Imam Mr. R. Jana ...for the State.

Mr. Amit Roy ... for the de facto complainant.

Petitioner prays for anticipatory bail.

Petitioner took part-payment from the de facto complainant for selling an immovable property to the de facto complainant. Thereafter without refunding the part-payment received from the de facto complainant, the petitioner sold the same immovable property to the third party. Petitioner took a sum in excess of Rs.1.30 crores from the de facto complainant.

Prima facie case as against the petitioner stands made out. Requirement of custodial interrogation of the petitioner is necessary in view of the materials in the case diary. Consequently, we are unable to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 1628 of 2023 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)