← Library
Calcutta High CourtCRM (A)/2432/2023allowed

Sri Sajal Bhadra v. State Of West Bengal

2023-07-06Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

06.07.2023 Sl. No.8 akd [ALLOWED] C. R. M. (A) 2432 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 13.06.2023 in connection with Bagdah Police Station Case No. 179 of 2023 dated 17.03.2023 under Sections 420/468/406/506 of the Indian Penal Code.

And In Re: Sri Sajal Bhadra ... ... Petitioner Mr. Krishnendu Bhattacharjee Mr. Priyankar Ganguly Ms. Roma Roy ... ... for the petitioner Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ... ... for the State It is submitted on behalf of the petitioner that he had been abducted by one Gopa Roy, President of a Panchayat Samity. Subsequently, a relation of said Gopa Roy has lodged the instant false case against him. Accordingly, he prays for anticipatory bail. Learned advocate appearing for the State opposes the prayer for anticipatory bail and submits petitioner had demanded money from the de-facto complainant to give employment.

We have considered the materials on record. It is contended petitioner had been abducted by one Gopa Roy, a prominent political personality of the locality. Subsequently, FIR came to be registered by the de-facto complainant who is a relation of the said Gopa Roy alleging that he had demanded nine lakhs for giving employment. In this backdrop, possibility of false implication of the petitioner cannot be ruled out. Accordingly, we are of the opinion custodial interrogation of the accused/petitioner may not be necessary in the facts of the present

case and he may be granted anticipatory bail however, subject to strict conditions.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Sri Sajal Bhadra, 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 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, while on bail, shall meet the Investigating Officer once in a week until further orders. He shall appear before the court below and pray for regular bail within four weeks from date. The application for anticipatory bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)