Tanmay Barman And ANR. v. State Of West Bengal

14.07.2025 SL.52 Ct.No.28 NB CRM (A) 2167 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Electronic Complex P.S. Case No.261 of 2024 dated 10.12.2024 under Sections 420/406 of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Bidhannagar, North 24-Parganas.

And In the matter of: Tanmay Barman & Anr.

.... petitioners Mr. Sanjib Mitra.

...for the petitioners.

Mr. Anand Keshari, Mr. Debanshu Ghorai.

...for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the victims of circumstances. The principal accused is the one who had created certain fake IDs and transferred the amounts that he cheated from his company. The principal accused has obtained bail upon surrender. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He points to the statement of the witnesses and other documents present in the case diary. He further submits that the petitioners did not comply with the notices given.

In view of the alleged roles ascribed to the present petitioners and the fact that the principal accused obtained bail upon surrender, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition they shall cooperate with the investigation and shall meet the Investigating Officer once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever.

The application for anticipatory bail being CRM (A) 2167 of 2025 is, thus, allowed.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)