Debasish Hazra v. State Of West Bengal

5.12.2023 M/L 08 Ct. No.29 (Allowed) (SKB) CRM (A) 3482 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Bolpur P. S. Case No.287 of 2023 dated 31.07.2023 under Section 409 of the Indian Penal Code. In the matter of : Debasish Hazra ... Petitioner Mr. Sabir Ahmed, Mr. Golam Karim Chowdhury Mr. Dhiman Banerjee Ms. Suman Biswas ... for the petitioner Mr. Ranabir Roy Chowdhury Mr. Sandip Chakraborty ... for the State

1. Heard learned counsel for the parties.

2. The amount of defalcation is admittedly about Rs.9 lacs and the co-operative society in which the petitioner is an employee is deducting the amount by instalments from the salary of the petitioner as submitted by learned counsel for the State.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence which is document based, the amount of defalcation 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 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.

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

5. 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.

6. The application being CRM(A) 3482 of 2023 is disposed of.

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

8. The report dated 21.11.2023 of SI, Bolpur P.S., Birbhum filed by learned counsel for the State is taken on record. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)