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Calcutta High CourtCRM (A)/4030/2022allowed

Alok Ranjan Banerjee v. State Of West Bengal

2022-08-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

24.08.2022 Serial no.16 [Dd] (Anticipatory bail) Allowed) CRM (A) 4030 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Onda Police Station Case No. 114 of 2022 dated 24.07.2022 under Sections 341/323/506/407/420/34 of the Indian Penal Code.

-AndIn the matter of : Alok Ranjan Banerjee ... ... Petitioner Mr. Soumik Ganguli, Advocate ... ... For the Petitioner Mr. Binay Panda, Mr. Subham Bhakat, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner purchased an immovable property by registered deed. Apparently it is alleged that the power of attorney holder is not paying the consideration to the owner of the property. The petitioner was falsely implicated. Learned advocate appearing for the State submits that out of two partners, in a partnership firm, one partner gave a power of attorney to third party who, in turn, sold a property belonging to the partnership firm to one of the partners. Considering the fact that there are civil disputes between the private parties, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall report before the Investigating Officer once in a month till the conclusion of the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4030 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)