Yusuf Khan v. State Of West Bengal And ANR

24.02.2023 Ct. No. 29 CHC C.R.M.(DB) 2526 of 2022 In Re: An application under Section 439(2) of the Code of Criminal Procedure, 1973 And In the matter of: Yusuf Khan ...... petitioner Mr. Debangan Bhattacharjee, Mr. Samik Chatterjee, Mr. A. Basu ....for the petitioner Mr. Rudradipta Nandy, Ld. A.P.P.

Mr. Subroto Roy ....for the State Mr. Ayan Bhattacharya, Mr. Sayak Ranjan Ganguly, Mr. Prattyay Khan, Ms. Srijani Ghosh ...for the opposite party no.2 Petitioner assails an order dated June 1, 2022, passed by learned Additional District & Sessions Judge, Fast Track, 1st Court, Calcutta, whereby, anticipatory bail was granted to the private opposite party.

State and the private opposite party are represented. It appears from the impugned order that, the private opposite party paid a sum of Rs.1 Crore as return of the advance by a demand draft. Learned Judge also took into account the fact that the private opposite party cooperated with the investigating agency by complying with the notice under Section 41A of the Criminal Procedure Code. He found that the

fact of the case described as civil dispute giving a colour of criminal offence.

Apparently, police complaint revolves round a deal with regard to immovable property.

The impugned order is well reasoned.

We find no ground to interfere with such order. C.R.M.(DB) 2526 of 2022 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)