Joy Aich v. State Of West Bengal

27.06.2022 Serial no. 39 [Dd] (Anticipatory bail) Allowed) CRM (A) 3026 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bhabanipur Police Station Case No. 246 dated 25.09.2021 under Section 420 of the Indian Penal Code corresponding to G.R. Case No. 1808 of 2021.

-AndIn the matter of : Joy Aich ... ... Petitioner Mr. Jaydeep Biswas, Mr. Kaushik Ghosh, Advocates ... ... For the Petitioner Mr. Rababir Roy Chgowdhury, Mr. Sandip Chakraborty, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that other co-accuseds were enlarged on anticipatory by this Hon'ble Court.

Learned advocate appearing for the State submits that the petitioner before the Court is the Chief Executive Officer of the Company while the others who were granted anticipatory bail were lower in rank in the hierarchy of the Company.

On May 13, 2022, two other co-accuseds were granted anticipatory bail in CRM (A) 2128 of 2022. On the parity of the reasoning of the order granting anticipatory bail to the two co-accuseds, the petitioner should the extended the similar facility, in the facts and circumstances of the present case.

In the circumstances, we are inclined to 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/- (Rupees Ten Thousand Only), 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 petitioner shall report before the Investigating Officer once in a month till the conclusion of the investigation and on further condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 3026 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)