Calcutta High CourtCRM (A)/3343/2023allowed

Sagar Hari And ANR v. State Of West Bengal

2023-08-28Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3343 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Burdwan Police Station Case No. 780 of 2023 dated 22.06.2023 under Sections 420/406/323/504/506/34 of the IPC.

And 28.08.2023 SL. ML-522 Court No. 29 A.B.

(Allowed) In the matter of: Sagar Hori & Anr.

....petitioners.

Mr. Allen Felex ...for the petitioners.

Ms. Anusua Sinha Mr. Pinak Mitra ...for the State.

1. Heard learned Counsel for both the parties.

2. The petitioners are alleged to have taken about Rs.4,00,000/- from the informant with an oral assurance by the petitioners to transfer a piece of land. It is alleged that subsequently that same land has been transferred to some other person and the petitioners are not repaying the amount.

3. This is a case of civil nature purely.

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 petitioners 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 petitioners are directed to appear before the I.O. once in a week on the day and time fixed by the I.O. for the purpose of investigation till

submission of Final Form.

ii) The petitioners shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

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

6. 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.

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

8. The application being CRM (A) 3341 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)