Rajib Ghosh v. State Of West Bengal

DL.54 08-08-2025 Ct. No.446 Saikat CRM (A)/2757/2025 RAJIB GHOSH VS.

STATE OF WEST BENGAL In Re: Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita filed in connection with Tehatta P.S. Case No.663/2022 dated 06.08.2022 under Sections 420/406/409/34/120B of Indian Penal Code.

Mr. Ranadeb Sengupta, Adv.

Mr. Asraf Mondal, Adv.

...For the Petitioner Ms. Anasuya Sinha, A.P.P.

Mr. Subhajit Chowdhury, Adv.

...For the State

1. Heard the submission advanced by the counsels appearing for both the parties.

2. Allegation against the present petitioner is the misappropriation of government fund of Rs.18,98,854/- along with others who are Supervisor, Pradhan and holding other portfolio in respective Panchayat. It is further seen from the F.I.R. an amount of Rs.12,81,819/- has already been refunded to the government account.

3. The learned Prosecutor draws the attention of the Court to the refund document from the C.D. and submits that the entire misappropriated money has been paid.

4. The learned counsel appearing for the petitioner submits that the other F.I.R. named co-accused are already granted pre-arrest bail by the Hon'ble Division Bench of

this Court and accordingly, relevant order is annexed along with the petition.

5. In view of the facts and circumstances and the fact that the present petitioner is a permanent residence and the nature of allegation and the petitioner is similarly circumstanced with the other co-accused whose pre-arrest bail has been granted by the Division Bench, this Court is inclined to allow the prayer for anticipatory bail of the present petitioner.

6. Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount to the satisfaction of the arresting officer subject to the condition laid down in section 438(2) of the Bharatiya Nyaya Sanhita, 2023 and on further condition that the petitioner shall surrender before the jurisdictional magistrate within three weeks from date.

7. Hence, the application for anticipatory bail is disposed of.

8. Case Diary is, however, returned.

[Chaitali Chatterjee (Das), J.]