Calcutta High CourtCRM (A)/3296/2023allowed

Jaytish Chandra Bala @ Jyotish Chandra Bala v. State Of West Bengal

2023-08-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

25.08.2023 M/L 476 Ct. No.29 (Allowed) (SKB) CRM (A) 3296 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with G.R. Case No.1738 of 2023 arising out of Gopalnagar P. S. Case No.345 of 2023 dated 31.05.2023 under Sections 448/420/468/471/506 of the Indian Penal Code.

And In the matter of : Jaytish Chandra Bala @ Jyotish Chandra Bala ... Petitioner Mr. Malay Bhattacharyya ... for the petitioner Mr. Binay Panda, Ms. Puspita Saha ... for the State Ms. Sananda Bhattacharyya ... for the defacto complainant

1. Heard learned Counsel for the parties.

2. The petitioner is one of the co-sharers whose father i.e. predecessor-in-interest died in 1985. After his death, a family settlement was reached by the co-sharers.

3. The informant is the son of one of the brother of the present petitioner. Father of the informant is alleged to have gifted some land in favour of the petitioner by executing a registered gift deed. A civil suit between the parties is pending over the issue. Now the FIR has been

filed on the ground that the settlement deed and the gift deed are fake.

4. 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 G.R. Case No.1738 of 2023 arising out of the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

6. Within 21 days from today petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

7. The application being CRM(A) 3296 of 2023 is disposed of.

8. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)