Somnath Dhara v. State Of West Bengal

07.06.2022 tkm/ct 28 C.R.M. (A) 2357 of 2022 sl no.53 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Pandua P.S case no. 154 of 2022 dated 7.4.2022 under sections 420/406/506/34 of the Indian Penal Code And Allowed In Re : Somnath Dhara ...... petitioner Ms. Oindrila Ghosh ...... for the petitioner Mr. T K Ghosh Mr. Arindam Sen ...... for the State It is submitted on behalf of the petitioner that there was a commercial transaction between the parties and ingredients of offence punishable under section 420/406 IPC are not disclosed in the facts of the case.

Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered materials on record and keeping in mind the profile of allegations in the light of the aforesaid submission made on behalf of the petitioner, we are of the opinion custodial interrogation of the petitioner is not necessary, but he requires to co-operate with investigation in accordance with law. Accordingly, we direct that 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, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner while on bail

shall meet the investigating officer once in a week until further orders.

Petitioner shall appear before the court below and prays for regular bail within four weeks from date.

The application being CRM (A) 2357 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)