Calcutta High CourtCRM/6216/2020disposed

Gopal Roy v. State Of West Bengal

2020-09-15Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

15.09.2020.

25.

as (Allowed).

C.R.M. 6216 of 2020 With C.R.A.N.1 of 2020 (Old CRAN No.4726 of 2020) (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj P. S. Case No.804 of 2016 dated 24.06.2016 under Sections 420/406/506/120B of the Indian Penal Code.

In the matter of : Gopal Roy.

... Petitioner.

Mr. Amrin Khatoon.

...for the Petitioner.

Mr. Binay Panda, Ms. Puspita Saha.

.....for the State.

Mr. Jayanta Samanta.

..for the de-facto complainant.

Heard the learned Advocates appearing for the parties. Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court.

Subject to such undertaking, the application is taken up for hearing through video conference.

Accordingly, the application, being CRAN 1 of 2020 (Old CRAN No.4726 of 2020), is disposed of.

It is submitted on behalf of the petitioner that he had refunded the defalcated sum before registration of the first information report. The dispute relates to breach of contractual obligation.

Learned Advocate appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the facts and circumstances of the case in the light of the aforesaid submission made on behalf of the petitioner, we are inclined to grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest the petitioner, viz., Gopal Roy shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

This application for anticipatory bail is, thus, disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Suvra Ghosh,J.) (Joymalya Bagchi, J.)