Debasish Ghosh v. State Of West Bengal
06.05.2025 SL.18 Ct.No.28 NB CRM (A) 1449 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 in connection with Electronic Complex P.S. Case No.143 of 2022 dated 24.08.2022 under Sections 420/406/465/468/471/120B of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate at Bidhannagar.
And In the matter of: Debasish Ghosh .... petitioner Mr. Asis Bhattacharyya.
...for the petitioner.
Ms. Amita Gaur, Mr. Amanul Islam.
...for the State.
Learned counsel appearing on behalf of the petitioner submits as follows. One Tanima Mukherjee had taken a loan from Bajaj Finance Limited in 2021. Later, the said loan was settled between the said parties in 2023. In 2022, a criminal case was started in this regard. Now, the petitioner is being implicated in this although she had no clue about what might have gone wrong.
Learned counsel appearing on behalf of the State relies on the case diary and submits that the said principal accused Tanima Mukherjee had obtained a loan by using forged documents. As per her statement, it is the petitioner who had arranged for the same. In view of the fact that the only material available in the case diary against the petitioner is the statement of a co-accused and the principal accused was issued a notice by the Investigating Agency
and upon compliance she has been granted bail, I do not think that custodial interrogation of the petitioner is required in this case Accordingly, in the event of arrest, 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition and on further condition he shall meet the Investigating Officer once a fortnight till submission of report in final form, cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever.
The application for anticipatory bail being CRM (A) 1449 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.)