Sebananda Sarkar v. State Of West Bengal

01.08.2023 (D/L 31) Ct. No.29 Allowed (SKB) CRM (A) 2533 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kotwali P.S. Case No.1393 of 2011 dated 06.12.2011 under Sections 406/420/409/34 of the Indian Penal Code.

In the matter of : Sebananda Sarkar ... Petitioner Mr. Sauvik Mitter, Mr. Litan Maitra, Mr. Kalyan Kumar Bhattacharjee, Ms. R. Das ... for the petitioner Mr. Arijit Ganguly, Mr. Avik Ghatak ... for the State

1. Heard the learned Counsel for the parties.

2. The petitioner is stated to be the director of the company which had business transaction with the informant. From the statement of the informant recorded under Section 164 Cr.P.C., it is revealed that the amount involved in the alleged transaction in respect of which FIR has been lodged, has already been returned to the informant by the present petitioner.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and substantial progress in investigation, it is directed that the petitioner shall be released on bail by

the Arresting Officer in the event of his arrest in the G.R. case arising out of the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. Accordingly, the prayer for the anticipatory bail is allowed.

5. Within 21 days from today petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The application being CRM(A) 2533 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)