Chiranjib Sardar v. State Of West Bengal And ORS.

02.02.2022 rrc CRM 7204 of 2021 (via video conference) Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

In the matter of : Sri Chiranjib Sardar ..... petitioner Mr. Kamal Das Ms. Tuhina Paul .....For the petitioner Ms. Sujata Das .....For the State Mr. Pratim Dasgupta .....For the de facto complainant Apprehending arrest in connection with Parnasree Police Station Case No. 290 dated 6th October, 2021 under Sections 406/420/467/468/471/506/120B of the Indian Penal Code, the present application has been preferred. Mr. Das, learned advocate appearing for the petitioner submits that in compliance with the earlier order of this Court dated 4th January, 2022, a bank draft of Rs.11,00,000/- was handed over to the de facto complainant. Such fact has not been disputed by Mr. Dasgupta, learned advocate appearing for the de facto complainant.

Upon hearing the learned advocates appearing for the respective parties and considering the materials in the case diary and since the petitioner in compliance with the earlier orders of this Court has handed over bank drafts of

Rs.20,00,000/- in total, we are of the opinion that his custodial interrogation is not warranted.

Accordingly, we allow this application and direct that in the event of arrest the petitioner, namely, Sri Chiranjib Sardar shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. It is further directed that the petitioner shall not tamper with the evidence and/or intimidate the witnesses. He shall also attend learned Court below on all the dates, as specified for hearing.

In the event the petitioner fails to comply with the aforesaid directions, without any justifiable cause, the learned Court below shall be at liberty to cancel his bail, in accordance with law, without further reference to this Court.

The application for anticipatory bail, being CRM 7204 of 2021, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)