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Calcutta High CourtCRM (A)/3078/2023allowed

Karun Kaura v. State Of West Bengal

2023-10-03Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3078 of 2023 03.10.2023 SL. 15 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Lake Town Police Station Case No. 55 of 2023 dated 05.04.2023 under Sections 419/420/406/506/467/468/471/120B of the IPC.

And In the matter of: Karun Kaura ....petitioner.

Mr. Moyukh Mukherjee Mr. Abhishek Dutt Ms. Rupa singh ...for the petitioner.

Mr. Sudip Ghosh Mr. Bitasok Banerjee ...for the State.

Mr. Pinak Kumar Mitra Ms. Shikla Maity ...for the de facto complainant.

1. Heard learned Counsel for both the parties.

2. The petitioner and others are alleged to have induced the present informant to deposit Rs. 50 lakhs in a particular account. The informant is stated to have deposited the captioned amount in that account but he has not yet received any return.

3. It is found from the record of the present petition that one Subir Ghosh is alleged to have forged the signature of the present petitioner and opened the captioned account in respect of which FIR has been lodged against Subir Ghosh and others in the jurisdictional P.S. in Rajasthan. From the materials on record it is found that all the transactions are documentary in nature and there is already dispute regarding the genuineness of the signature of the present petitioner so far as opening of the captioned account is concerned.

4. Regard being had to such facts and submissions, factum of

permanent residence of the petitioner, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that:

i) The petitioner is directed to appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.

5. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

6. Within 21 days from today the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

7. Accordingly, the prayer for the anticipatory bail is allowed. 7.

The application being CRM (A) 3078 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)