Biplab Das v. State Of West Bengal

25.11.2021 Serial no.97 Aloke (Through Video Conference) Ct. No. 29 CRM 5904 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 27.08.2021 in connection with Baguihati Police Station Case No. 197 of 2021 dated 21.04.2021 under Sections 379/406/420 of the Indian Penal Code. -AndIn the matter of : Biplab Das ... Petitioner Mr. Manjit Singh, Advocate Mr. Prasanta Kr. Banerjee, Advocate Ms. Rima Banerjee, Advocate Mr. Gaganjyot Singh, Advocate Mr. Biswajit Mal, Advocate ... ... For the Petitioner Mr. Debabrata Chatterjee, Advocate Ms. Manisha Sharma, Advocate Mr. M. Sarkar, Advocate ... ...For the State Mr. Ujjal Roy, Advocate ... ... for the de facto complainant Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned Advocate appearing for the State draws the attention of the Court to the contents of the case diary. Learned Advocate appearing for the de facto complainant submits that the petitioner defalcated a sum in excess of Rs.72,00,000/- and that sum is yet to be recovered. Considering the materials in the case diary and considering the gravity of the offences and the complicity of the petitioner and considering the fact that accounts between the private parties are required to be taken, it would be appropriate to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on anticipatory 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and with a further condition that the petitioner shall meet the Investigating Officer once in a month till the conclusion of the investigation and on further condition that the petitioner shall appear before the Court below and pray for regular bail within four weeks from date. The prayer for anticipatory bail is allowed.

CRM 5904 of 2021 is disposed of.

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