Calcutta High CourtCRM (A)/3276/2023allowed

Swapan Kumar Ghosh v. State Of West Bengal

2023-08-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3276 of 2023 25.08.2023 ML. 457 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 Nadanghat Police Station Case No. 135 of 2023 dated 04.04.2023 under Sections 420/406/506 of the IPC. And In the matter of: Swapan Kumar Ghosh ....petitioner.

Mr. Dhananjay Banerjee Ms. Oindrila Ghosh ...for the petitioner.

Mr. Swapan Banerjee Mr. Anindya Sundar Chatterjee ...for the State.

1. Heard learned Counsel for both the parties.

2. The informant is stated to be the maternal uncle-in-law of the present petitioner who is a teacher. It is alleged that the present petitioner took nine lakhs of rupees from the informant and promised to provide a job. When the petitioner failed to do so he is alleged to have repaid Rs. 2 lakhs by two cheques, which ultimately was dishonored.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation 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 conditions 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.

ii) The petitioner shall not threaten, induce or coerce

any witness of this case in any manner whatsoever during the currency of this order.

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

5. 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.

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

7. The application being CRM (A) 3276 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)