Subhojeet Banerjee @ Shubhojeet v. State Of West Bengal

10.12.2021 Item no.217 Court No.32 Avijit Mitra C.R.M. 6362 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re : Subhojeet Banerjee alias Shubhojeet Banerjee .... petitioner Mr. Jayanta Narayan Chatterjee, Mr. Debashis Banerjee, Mr. Supreem Naskar, Ms. Jayashree Patra, Ms. Pritha Sinha ....for the petitioner Mr. Neguive Ahmed ..... for the State Apprehending arrest in connection with Falta Police Station Case No.15 of 2021 dated 17.01.2021 under Sections 420/406/120B and 34 of the Indian Penal Code, the present application has been preferred.

Mr. Chatterjee, learned advocate appearing for the petitioner submits that the petitioner is in no way connected with the alleged offence. He has been falsely implicated. The dispute was pertaining to non-functioning of CT scan machine supplied by one Amardeep Singh to the de facto complainant. He further submits that the petitioner has also complied with the section 41A notice as served. In the said conspectus, custodial interrogation is not warranted.

Mr. Ahmed, learned advocate appearing for the State opposes the petitioner's prayer and submits that there are incriminating materials against the petitioner.

Heard the learned advocates appearing for the respective parties and considered the materials in the case diary. Upon cumulative assessment of the materials in the case diary and the role of the present petitioner, we are of the opinion that custodial interrogation is not necessary, more so when, the petitioner has complied with the section 41A notice. Accordingly, we direct that in the event of arrest, the petitioner, namely, Subhojeet Banerjee alias Shubhojeet Banerjee, shall 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 with a further condition that the petitioner shall cooperate with the investigation and shall meet with the investigating officer once a fortnight on and from 14th December, 2021 till the investigation is complete. The petitioner is also directed to attend the learned Trial Court on all the dates as fixed for hearing.

The petitioner shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. It is made clear that in the event the petitioner fails to comply with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel the petitioner's bail without any further reference to this Court.

The application for anticipatory bail being C.R.M.6362 of 2021 is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)