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Abhishek Singhi @ Abhishek Singhvi v. The State Of West Bengal And ANR

2024-05-14Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Prasenjit Biswas2 pages

14-05-2024 (ct. no.6) KOLE Allowed CRM (DB) 1509 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Baruipur Police Station Case No. of dated 11.10.2022 under Sections 418/420/406/408/409/465/381/467/468/471/477A/120 of the Indian Penal Code.

- A n d - In the matter of : Abhishek Singhi @ Abhishek Singhvi .... Petitioner.

Mr. Ayan Bhattacharya, Mr. Nigam Ashish Chakraborty, Mr. A. Banerjee, ... For the Petitioner.

Mrs. Amita Gour, Ms. D. Mondal, ... For the State.

Mr. A. Rakshit, ... for the defacto complainant.

The charges are of cheating, forgery etc. The allegation is that the petitioner was the Chief Financial Officer of the complainant's company. Taking advantage of the position, he forged ledgers and other documents and misappropriated moneys to the tune of Rs. 8 crore.

The petitioner says that this is a private dispute. There was a business relationship between the defacto complainant and the petitioner. That relationship turned assiduous. The complaint filed was motivated and false.

The State vehemently opposes the prayer for bail. Learned Advocate for the defacto complainant says that a settlement has been arrived at between his client and the petitioner and his client has also received about Rs. 1 crore in terms of such settlement.

Signed By :

ABHIJIT KOLE High Court of Calcutta 14 th of May 2024 05:42:25 PM

We have gone through the material in the case diary. We have considered the nature and gravity of the offence and the possible extent of complicity of the petitioner in the alleged offence. Investigation is complete. Charge sheet has been submitted. We are of the view that no useful purpose will be served by further detention of the petitioner.

Accordingly, we direct that the petitioner, namely, Abhishek Singhi @ Abhishek Singhvi, 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 Learned Additional Chief Judicial Magistrate, 2nd Court, Baruipur and on further conditions that he shall not leave the jurisdiction of the concerned police station and shall report to the Officer-inCharge of the concerned police station once in a fortnight until further orders. The petitioner shall appear before the trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this court.

The application for bail is, accordingly, allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Prasenjit Biswas, J. ) ( Arijit Banerjee, J. ) Signed By :

ABHIJIT KOLE High Court of Calcutta 14 th of May 2024 05:42:25 PM