Binita Mandal v. State Of West Bengal
16.12.2021 Sl. No.98 akd [ALLOWED] C. R. M. 6563 of 2021 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 22.09.2021 in connection with English Bazar Police Station Case No. 882 of 2021 dated 29.07.2021 under Sections 420/465/468 of the Indian Penal Code. And In Re: Binita Mandal ... ... Petitioner Mr. Dibyendu Chatterjee ... ... for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee ... ... for the State It is submitted on behalf of the petitioner that she joined employment on the bonafide belief that the appointment letter was genuine. It is further submitted that the alleged forged document is in the custody of the Investigating Agency.
Learned advocate appearing for the State opposes the prayer for anticipatory bail and submits that the petitioner procured appointment on the basis of a fake appointment letter. We have considered the materials on record. Keeping in mind the nature of allegations in the light of the submission that the petitioner had joined the service on the bonafide belief that the appointment letter was genuine and as the alleged fake appointment letter is already in the custody of the Investigating Agency, we are of the opinion that custodial interrogation of the accused/petitioner for progress of investigation is not necessary and she may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Binita Mandal, 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 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 court below and pray for regular bail within four weeks from date.
The application for anticipatory bail is, thus, disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)