Sabyasachi Ghosh v. State Of West Bengal

05.05.2025 Sl. No.38 Ct. 28 NB C.R.M. (A) 1440 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 Bidhannagar East P.S. Case No.40 of 2023 dated 22.03.2023 under Sections 467/468/469/471 of the Indian Penal Code. And In the matter of : Sabyasachi Ghosh ... petitioner Mr. Shekhar Kumar Basu.

...for the petitioner.

Mr. Joydeep Roy ld.Sr.Adv., Ms. Poulami Bose.

...for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The de facto complainant admittedly retired from the post of General Manager of a Corporation in 2013. The tenure was extended till 2019. He lodged a complaint that his letter head and signature was forged to prepare a sand mining work order in favour of certain individuals and that the forgery was done by the petitioner. The petitioner is in no way connected with the alleged offence. The petitioner responded to the notice issued under Section 41A of the Code.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. There are incriminating materials present in the case diary including the statements of victims recorded before the learned Magistrate that shows a money trail that the bribe money for procuring forged document was sent to the petitioner's bank account. There is also an email by which the

petitioner had sent the forged document to the victims. Investigation is going on.

In view of the incriminating materials available in the case diary and the fact that the investigation is going on, I am not inclined to grant anticipatory bail to the petitioner. The application for anticipatory bail being CRM(A) 1440 of 2025 is, thus, rejected.

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.)