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Calcutta High CourtCRM (A)/2769/2024allowed

Abhishek Banerjee v. The State Of West Bengal

2024-10-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

04.10.2024 AD-10&11 Court No.29 sg CRM (A) 2769 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Gariahat Police Station Case No. 44 of 2024 dated 05.04.2024 under Sections 420/406/120B of the IPC. And In the matter of: Abhishek Banerjee .... petitioner With CRM (A) 3097 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973/under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Gariahat Police Station Case No. 44 of 2024 dated 05.04.2024 under Sections 420/406/120B of the IPC. And In the matter of: Arpan Dey @ Arpan Kumar Dey .... petitioner Mr. Rahul Chakraborty, Mr. Soumya Nag ....for the petitioners Mr. Bibaswan Bhattacharya, Mr. Habib Hasan ....for the State in CRM (A) 2769 of 2024 Mr. Rudradipta Nandy, Ld. APP, Ms. Suveni Banerjee ....for the State in CRM (A) 3097 of 2024 1.

The Investigating Officer (IO) has filed a further report, wherefrom it appears that the petitioners have complied with the order dated 1st October, 2024. Earlier also, they appeared and submitted all the required documents. The investigation has progressed substantially. 2.

In view of the nature of the dispute and the substantial progress in the investigation and also having regard to the fact that all the documents have been seized and the petitioners have cooperated with the investigation, we Signed By :

SANJIB GHOSH High Court of Calcutta 4 th of October 2024 04:27:42 PM

are of the view that the custodial interrogation of the present petitioners is not necessary.

3.

Accordingly, we direct that in the event of arrest, the present petitioners, namely, Abhishek Banerjee and Arpan Dey @ Arpan Kumar Dey, shall be released on bail upon furnishing a bond of Rs.20,000/-each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioners shall deposit their original passport with the Investigation Officer within seven days from date till the submission of the final report and shall meet the I.O. once in a fortnight till the submission of the final report. The petitioners shall appear before the jurisdictional Court by 8th October, 2024.

4.

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

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Uday Kumar, J.)