Sanjoy Giri v. State Of West Bengal

02.07.2025 SL No.27 Sg/sm (Allowed) C.R.M. (M) 687 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973/Section 483 of the B.N.S.S. 2023 filed on 11.06.2025 in connection with Chandipur P.S. Case No. 35 of 2023 dated 17.02.2023 under Sections 420/403/406/409 of IPC.

And In the matter of: Sanjoy Giri ....Petitioner Mr. Amit Ranjan Pati, Ms. K. Kubra, Ms. Hareem Fatema ...for the petitioner Ms. Rituparna De Ghose, Ms. Sudeshna Das ...for the State 1.

Present petition has been filed for bail in G.R. Case No.454 of 2023 arising out of Chandipur P.S. Case No.35 of dated 17th February, under Sections 420/403/406/409 of IPC.

2.

The petitioner stated to be in custody since 20th May, 2025. There are no criminal antecedents of the petitioner. The facts in brief are that the petitioner was an employee in a company, namely, IIFL Samasta Finance Limited, i.e., Micro Finance Institution. The petitioner was working as a Customer Relationship Officer at Chandipur branch.

3.

The de facto complainant alleged that during the period of 12th November, 2020 to 31st December, 2022, the petitioner collected the due amount of instalments from the customer regularly and did not deposit the same with company. This was

revealed during the internal investigation and it was found that the petitioner has misappropriated a sum of Rs.1,65,024/-. 4.

Learned counsel for the petitioner at the outset submits that the petitioner is ready to deposit the alleged amount without prejudice to his rights and contentions to be taken during the trial before the learned trial court. 5.

Learned counsel for the State has opposed the bail application. Learned counsel submits that the petitioner has committed a serious offence by misappropriating the money collected from the customers. Learned counsel submits that even there is an offence under Section 409 of IPC and the matter is still under investigation. Leaned counsel, thus, submits that the petitioner may not be admitted to bail.

6.

The court has considered the submissions. The alleged offence is said to have been committed between November, 2020 to December, 2022. The FIR was lodged in February, 2023. Admittedly, there are no criminal antecedents. The petitioner has voluntarily submitted to deposit the alleged misappropriate amount. The entire evidence is documentary in nature. 7.

In the facts and circumstances, the court considers that there is no purpose of keeping the accused in custody hence the petitioner is admitted to bail on furnishing bond of Rs.20,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Purba Medinipur. Subject to the following conditions:-

(i) Petitioner shall deposit the sum of Rs.1,65,024/- before the learned trial court by way of FDR from the Nationalized Bank.

(ii) The petitioner shall not threaten or tamper with any witness in any manner.

(iii) The petitioner shall not visit the office of the IIFL Samasta Finance Limited at Chadipur branch.

(iv) The petitioner shall not travel abroad without the permission of the learned trial court.

(v) The petitioner shall cooperate with the investigating officer as and when he is directed to do so.

8.

The application for bail is, thus, allowed.

9.

All parties shall act on the basis of the server copy of this order.

(Dinesh Kumar Sharma, J.)