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Calcutta High CourtCRM (A)/4171/2022allowed

Satadru Manna @ Satudra Manna v. State Of West Bengal

2022-08-31Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi3 pages

C.R.M. (A) 4171 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kalyani Police Station Case No.

of dated 28.07.2022 under Sections 420/406/506/34 of the Indian Penal Code, 1860 with added Sections 386/388 of the Indian Penal Code, 1860.

And 31.08.2022 Sl.31 Court No.29 (AD) (Allowed) In the matter of: Satadru Manna @ Satudra Manna ....petitioner.

Mr. Shibaji Kumar Das Ms. Rupsa Sreemani ...for the petitioner.

Ms. Zareen N. Khan Md. Kutubuddin ...for the State.

Petitioner prays for anticipatory bail.

Leave granted to the learned Advocate-on-record for the petitioner to correct the cause-title.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. He draws the attention of the Court to the contents of the First Information Report as also to the order dated August 18, 2022 passed in CRM (A) 3948 of 2022. He submits that, the other police case where the petitioner is on anticipatory bail was lodged by the son of the de facto complainant. Both the police complaints relate to sale and purchase of motor vehicle. Now the de facto complainant who is the mother of the earlier de facto complainant claims that the petitioner extorted money from her. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. The reasons for grant of anticipatory bail in CRM (A) 3948 of 2022, inter alia, were that there were civil disputes between the private parties and the fact that sale of the vehicle to the petitioner for a sum of Rs.1,60,000/- and the receipt thereof was

taken. The present complaint is by the mother of the earlier de facto complainant. The petitioner is on anticipatory bail in the other police case filed by the son of the de facto complainant herein.

In such circumstances, the issue of the petitioner being falsely implicated cannot be overlooked at this stage.

Consequently, we 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer as and when called for till the conclusion of the investigation and on 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.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 4171 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)