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Calcutta High CourtCRM/6528/2021allowed

Puspa Samanta v. State Of West Bengal

2021-09-30Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

30.09.2021 Ct. No. 29 sdas Allowed C.R.M. 6528 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Durgapur Police Station Case No. 406 of 2019 dated 23.08.2019 under Sections 420/465/468/471/506/120B of the Indian Penal Code.

And In Re : Smt. Puspa Samanta ...... petitioner Mr. Subrata Bhattacharjya .....for the petitioner Mr. Swapan Banerjee Ms. Purnima Ghosh ....for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner is the purchaser of an immovable property. Defacto complainant filed a case of cheating against the petitioner. He further submits that there is a civil suit pending between the parties.

Learned advocate appearing for the State submits that the petitioner purchased an immovable property from persons who do not have title to the property.

Considering the materials in the case diary and considering the fact that there is a civil suit pending between

the parties regarding immovable property, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner 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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further conditions that the petitioner shall co-operate with investigation and shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)