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Calcutta High CourtCRM (A)/2473/2022allowed

Samir Chowdhury v. State Of West Bengal

2022-06-09Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

09.06.2022 tkm/ct 28 C.R.M. (A) 2473 of 2022 sl no. 105 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Ghola P.S case no. 248 of 2022 dated 18.4.2022 under sections 306/34 of the IPC And Allowed In Re : Samir Chowdhury ...... petitioner Mr. Sandipan Ganguly, Sr. Adv Mr. D Dutt Mrs. S B Chatterjee ...... for the petitioner Mr. S G Mukhrejee, ld PP Mr. Aniket Mitra ...... for the State Petitioner is an employee of a finance company. It is contended the victim had taken loan to purchase a vehicle. He failed to repay the loan and repossession notices were issued. Subsequently the vehicle was repossessed with the consent of the victim. After the victim committed suicide, petitioner has been falsely implicated in the instant case. Co-accused Pramod Kumar Pandey has been granted pre-arrest bail in CRM 2452 of 2022. Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered materials on record. Victim did not leave behind any suicide note implicating the petitioner. It is also relevant to note that the vehicle in question had been repossessed with the consent of the victim. Co-accused Pramod Kumar Pandey has been granted pre-arrest bail in CRM (A) 2452. Keeping in mind the aforesaid facts and the extent of complicity of the petitioner in the alleged crime, we are of the

opinion custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail.

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.

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

The application being CRM (A) 2473 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)