Ashish Kumar v. The State Of West Bengal

13.06.2024 SL No.7 Court No.29 (gc) (Allowed) CRM (A) 1850 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Mejia Police Station Case No.17 of 2023 dated 03.03.2023 under Sections 406/417/420 of the Indian Penal Code. And In the matter of : Ashish Kumar - Petitioner.

Mr. Supratic Roy, Ms. Ankita Singh ....For the Petitioner.

Mr. Madhusudan Sur, Ld. A.P.P., Mr. Asrof Mandal ... For the State.

1.

The learned Counsel for the petitioner submits that the petitioner was the erstwhile Bank Manager of Indusind Bank and he is presently working as state head of Hinduja Leyland Finance Limited. It is submitted that a proceeding was initiated against the de facto complainant for seizure of the vehicle due to default and the vehicle was seized in accordance with law, in fact, an award has been passed in the arbitration proceeding against the de facto complainant.

2. The learned Counsel for the State submits that on the basis of the complaint, investigation has been initiated and charge-sheet has been submitted.

3.

Considering the materials available in the case diary, the nature of the dispute which appears to be commercial in nature and the involvement of the petitioner in the commission of the alleged Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 14 th of June 2024 11:34:21 AM

offence, we are of the view that the custodial interrogation of the petitioner is not necessary.

4.

Accordingly, we direct that in the event of arrest, the petitioner, namely, Ashish Kumar, 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 arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. It is further directed that the present accused petitioner shall appear before the learned Chief Judicial Magistrate, Bankura in connection with Mejia Police Station Case No.17 of 2023 and pray for regular bail within two weeks from date. 5.

Accordingly, the application for anticipatory bail is disposed of.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 14 th of June 2024 11:34:21 AM