Snehasis Chakraborty v. State Of West Bengal

01.07.2025 Court No.28 Item No.29 tbsr Allowed CRM (A) 1740 of 2025 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 equivalent Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Madhyamgram P.S. Case No.847 of 2024 dated 12.12.2024 under Section 420 of the Indian Penal Code.

And In the matter of: Snehasis Chakraborty ....Petitioner.

Mr. K. L. Mondal ...for the petitioner.

Ms. Sayanti Santra Mr. Asraf Mondal .....for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner had to give accommodation loans to his employer on several occasions. Accordingly, cheque was issued for a sum of Rs. 20 lakhs. He submitted the same. It was dishonoured and a case was started under the Negotiable Instruments Act. As a counter-blast, the present FIR was lodged.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She points to the materials available in the case diary and submits that although notices were given to the de facto complainant, the same has not been properly responded to. On the other hand, the petitioner has complied with the notice given to him.

Considering the materials available in the case diary and the fact that petitioner has complied with the notice given by the police, I do

not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner. 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, one of whom must be local, 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 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner shall cooperate with investigation and shall meet the I.O. once a fortnight till submission of charge sheet and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)