Hriday Kumar Mondal @ Hidayetula Mondal v. State Of West Bengal
11.05.2023 Serial no. 14 [Dd] (Anticipatory bail) (Allowed) CRM (A) 1938 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Sutahata Police Station Case No. 358 of 2022 dated 21.10.2022 under Sections 420/506/34 of the Indian Penal Code. -AndIn the matter of : Hriday Kumar Mondal @ Hidayetula Mondal ... ... Petitioner Mr. Atis Kumar Biswas, Mr. Amit Singh, Ms. Jyoti Agarwal, Advocates ... ... For the Petitioner Mr. Kaushik Kundu, Advocate ... ...For the State The police complaint proceeds on the basis of a commercial transaction.
Apparently, accounts between the private parties are required to be taken in order to ascertain as to whether there is any civil liability as claimed by the de facto complainant or not. The police complaint was registered under Section 156(3) of the Criminal Procedure Code.
Consequently, we are inclined to grant anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest the petitioner shall be released on 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 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 shall report before the
Investigating Officer as and when called for till the conclusion of the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.
Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 1938 of 2023 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)