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Calcutta High CourtCRM (A)/2545/2025allowed

Kamal Kumar And ANR. v. State Of West Bengal

2025-08-08Hon'Ble Justice Jay Sengupta2 pages

08/08/2025 D/L 60 Ct. No.28 S.Kundu C.R.M.(A) 2545 of 2025 Allowed In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure. In connection with Kaliganj police station case no. 847/2024 dated 30.9.2024 corresponding to GR Case no. 5068 of 2024 under sections 406/419/420 of the IPC. In the matter of: Kamal Kumar & Anr.

... Petitioners Mr. Subir Banerjee Mr. Rasidul Islam Molla Mr. B. Saha Mr. Niladri Saha ...for the petitioners.

Mr. Aniket Mitra Ms. S. Chatterjee ...for the State.

1. Memo of evidence filed on behalf of the State is taken on record.

2. Heard the learned counsels for the parties.

3. Considering the nature of allegations, the fact that the accused had without prejudice paid the allegedly defalcated sum in instalments and the fact that chargesheet has been submitted, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

4. In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local,

to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses. The petitioners shall surrender and pray for bail before the jurisdictional Court within six weeks from date.

5. Accordingly, the application for anticipatory bail is allowed.

6. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)