Lipika Sur v. State Of West Bengal

11.05.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1947 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Katwa Police Station Case No. 940 of 2022 dated 01.12.2022 under Sections 384/34 of the Indian Penal Code. And In Re : Lipika Sur ...... petitioner Mr. Sujan Chatterjee Mr. S. Sinha ....for the petitioner Mr. Avishek Sinha ....for the State Police filed charge-sheet.

Petitioner initiated four criminal complaints, inter alia, under Section 138 of the Negotiable Instrument Act, 1882 against the de-facto complainant in which, the de-facto complainant was convicted in one of them. The present police complaint was lodged subsequent thereto.

There is an issue of false implication involved. In such circumstances, we 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/-, 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 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)