Parashar Chatterjee And ANR v. The State Of West Bengal

21.06.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 2867 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhawanipore Police Station Case No. 142 of 2022 dated 12.05.2022 under Sections 420/511/120B/387 of the Indian Penal Code, 1860.

And In Re : Parashar Chatterjee & Anr.

...... petitioners Mr. Sabyasachi Banerjee Mr. Apalak Basu ....for the petitioners Mr. Rudradipta Nandy Ms. Sonali Das ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioners complied with the notice issued under Section 41A of the Code of Criminal Procedure (Cr.P.C.). The petitioners lent and advanced a sum of Rs.10 lakhs to the defacto complainant by cheque. Since the de-facto complainant was not returning such money, the petitioners lodged a police complaint with regard to the same. The present police complaint is a counter-blast to such police complaints. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary.

Considering the gravity of the offence and the involvement of the petitioners therein and considering the fact that there is one previous police complaint lodged at the behest of the petitioners with regard to the loan transactions, we deem it appropriate to enlarge the petitioners on anticipatory bail. Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.

10,000/- each, 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 petitioners shall meet the investigating Officer once a month till the conclusion of the investigation and on condition that the petitioners shall appear every day 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 petitioners 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.) (Bibhas Ranjan De, J.)