Amar Das v. State Of West Bengal

17.09.2021 Serial no. 69 BM (Through Video Conference) CRM 4016 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10.05.2021 in connection with Rishra Police Station Case No. 06 of 2021 dated 25.01.2021 under Sections 420/ 406/506 of the Indian Penal Code, 1860 corresponding to G.R Case No.167 of 2021.

-AndIn the matter of : Amar Das

...Petitioner

Mr. Debasish Ghosh, Mr. Nilanjan Adhikari, Mr. Subhajit Roy ... ... For the Petitioner Mr. Swapan Banerjee Mr. Purnima Ghosh ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the dispute is civil in nature. Moreover, Police submitted charge sheet and therefore, custodial interrogation of the petitioner is not required. Learned advocate appearing for the State submits that the complaint is on the basis of a loan agreement. It transpires from the investigation that the petitioner cheated other persons.

Considering the facts and circumstances of the case and considering the fact that the Police submitted charge sheet, we grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest, the petitioner shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 and on further condition that

Petitioner will appear before the jurisdictional court on the date fixed for trial.

The prayer for anticipatory bail is, thus, allowed. CRM 4016 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)