Ashis Chatterjee v. Central Bureau Of Investigation

25.11.2024 Sl. No.4 akd [ALLOWED] C. R. M. (A) 2568 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 16.07.2024 in connection with RC Case No.08/E/2018-Kol under Sections 120B/409/420 of the Indian Penal Code read with Sections 4/5/6 of the Prize Chit and Money Circulation (Banning) Act, 1978. And In Re: Ashis Chatterjee ... ... Petitioner Mr. Jayanta Samanta ... ... for the petitioner Mr. Amajit De ... ... for the CBI 1.

It is submitted on behalf of the petitioner that he is on regular bail in the principal case registered in the State of Odisha against the 'Tower Group of Companies'. It is also submitted petitioner had joined investigation in the present case which relates to alleged defalcation of Rs.10 lakhs. Investigation is complete. Accordingly, he prays for anticipatory bail.

2.

Learned Advocate for CBI opposes the prayer for anticipatory bail and submits petitioner was involved in the affairs of 'M/s. Tower Infotech Limited' - a chit fund company. He was arrested in the principal case registered in the State of Odisha involving defalcation of deposits over Rs.255 crores. He is on bail in that case. 3.

We have considered the materials on record. Petitioner is on bail in the principal case registered against the 'Tower Group of Companies'. The present case deals with alleged misappropriation of Rs.10 lakhs. He has already been interrogated and investigation is complete. There is no allegation he had misused his liberty in the other case where he is on bail. In this backdrop, we are of the opinion Signed By : ARUP KUMAR DAS High Court of Calcutta 27 th of November 2024 02:36:11 PM

custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail.

4.

Accordingly, we direct in the event of arrest, the petitioner, namely, Ashis Chatterjee, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

5.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 27 th of November 2024 02:36:11 PM