Subrata Indu v. State Of West Bengal

12.09.2022 Serial no. 08 [Dd] (Anticipatory bail) Allowed) CRM (A) 4174 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Chanditala Police Station Case No. 393 of 2022 dated 10.08.2022 under Sections 420/406/506 of the Indian Penal Code.

-AndIn the matter of : Subrata Indu ... ... Petitioner Mr. Pawban Gupta, Ms. Sofia Nesar, Advocate ... ... For the Petitioner Mr. Sudip Ghosh, Mr. Bitasok Banerji, Advocates ... ...For the State Mr. Sanjay Banerjee, Mr. Joydeep Bhattacherjee, Advocates ... ...For the de facto complainant Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. There are civil disputes pending between the private parties. The claim relates to a mortgage. The de facto complainant is apparently secured by mortgage of title deed. State and the de facto complainant are represented. Learned advocate appearing for the de facto complainant submits that the upon failure of the petitioner to repay the loan, the same was restructured. Even thereafter, the petitioner is not paying the loan.

Apparently, there are civil disputes between the private parties. Loan granted was on security of mortgage by deposit of title deed.

In such circumstances, 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) 4174 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)