Kader Nowaz Mondal v. State Of West Bengal

29.06.2022 Serial no. 38 [Dd] (Anticipatory bail) Allowed) CRM (A) 3028 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara Police Station Case No. 131 of 2022 dated 07.04.2022 under Sections 409/420/465/506/120B of the Indian Penal Code.

-AndIn the matter of : Kader Nowaz Mondal ... ... Petitioner Ms. Minoti Gomes, Mr. Asraf Mandal, Advocates ... ... For the Petitioner Mr. Rudradipta Nandy,ld. APP Ms. Sonali Das, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that there was a long standing business relationship with the de facto complainant. The account of the transactions are required to be taken in order to ascertain the liability, if any, of the petitioner.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. The contention that there are civil disputes between the private parties cannot be discounted at this stage, the accounts apparently, of the transaction are required to be taken to ascertain the liability, if there be any. 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) 3028 of 2022 is disposed of.

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