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Calcutta High CourtCRM (A)/3321/2023allowed

Mithu Mandal@Mitu Mandal v. State Of West Bengal

2023-11-24Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3321 of 2023 24.11.2023 SL. 7 Court No. 29 Sourav/ Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Durgachak Police Station Case No. 78 of 2023 dated 14.05.2023 under Section 420 IPC.

And In the matter of: Mithu Mandal @ Mitu Mandal ....petitioner.

Mr. Manas Kumar Das ...for the petitioner.

Mr. Antarikhya Basu ...for the State.

1. Heard learned Counsel for the parties.

2. Ms. Sarita Gupta, informant, mother of Nitesh Kumar Gupta is present in Court today.

3. Learned Counsel for the petitioner hands over Demand Draft bearing no. 128909518 for Rs. 40,000/- drawn in Indian Overseas Bank to Mrs. Gupta.

4. The authenticated copy of the Demand Draft filed by learned Counsel for the petitioner be taken on record.

5. Regard being had to the facts and submission by the learned Counsel for the parties that the amount defrauded has been returned to the informant, it is directed that petitioner shall be released on bail in the event of his arrest by the Arresting Officer in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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. Accordingly, the prayer for anticipatory bail is allowed.

8. The application being CRM (A) 3321 of 2023 is disposed of.

9. The I.O. is hereby directed to act upon the server copy of this order, if required.

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