Calcutta High CourtCRM (A)/1736/2025allowed

Rohan Sk v. State Of West Bengal

2025-05-23Hon'Ble Justice Jay Sengupta2 pages

23.05.2025 Court No.28 Item No.21 ssi CRM (A) 1736 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Itahar PS Case No.424 of 2023 dated 17.09.2023 under Sections 406/420 of the Indian Penal Code.

And In the matter of: Rohan Sk ....Applicant/Petitioner.

Mr. Sayantan Adhya Mr. Parvej Alam ...for the petitioner Mr. Saryati Dutta Ms. Mamata Jana ..for the State Learned counsel appearing on behalf of the petitioner submits that as a paramedic, the petitioner had given some service to the mother of the de-facto complainant during covid period. But, he was not paid all his dues for the services. It was much later that an online payment was made in this regard. But, the petitioner did not join back. After about a year from the alleged date of occurrence, the instant FIR was lodged.

Learned counsel for the State relies on the statements of witnesses and the bank transaction and submits that the petitioner had defrauded the victims by giving a promise that a bed would be made available and an operation would be done for the de facto complainant's relative.

Considering the nature of allegations and the purported delay in lodging the FIR, 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 conditions that the petitioner shall not threaten or intimidate witnesses and shall cooperate with investigation. The petitioner shall meet the I.O. once a fortnight till submission of report in final form. The application for anticipatory bail is, thus, disposed of. (Jay Sengupta, J.)