Kumar Kanti Bose v. State Of West Bengal

C.R.M. 6533 of 2021 03.03.2022 Sl. 60 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 23.09.2021 in connection with Barjora P. S. Case No. 157 of 2019 dated 22.11.2019 under Sections 408/420/120B of the Indian Penal Code.

And In the matter of: Kumar Kanti Bose ....petitioner.

Mr. Debashis Roy Mr. Soumik Ganguly ...for the petitioner.

Mr. Rudradipta Nandy ...for the State.

Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner acting as a branch manager of a co-operative society bank came across various anomalies with regard to loan transactions. The petitioner brought such anomalies to the attention of the management of the bank whereupon an enquiry was initiated and the petitioner was found to be not involved in the same in the enquiry done by the management of the bank. He submits that the petitioner is sought to be falsely implicated. Learned advocate appearing for the State submits that loans were taken out of the bank. The loan documentations were done on the very dates when the petitioner as the branch manager of such branch was absent. He draws the attention of the Court to the statement recorded under Section 164 of the Criminal Procedure Code.

Considering the fact that the petitioner drew the attention of the management of the bank to the anomalies first in point of time and considering the fact that the management of the bank did not find the petitioner to be involved after causing

an enquiry and considering the gravity of the offence and the involvement of the petitioner therein, 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/- 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 shall appear before the Investigating Officer once a fortnight till the conclusion of the investigation and that the petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. 6533 of 2021 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)