Calcutta High CourtCRM/8834/2021allowed

Samim Islam v. State Of West Bengal

2021-12-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

24.12.2021 Serial no.34 Aloke (Through Video Conference) Ct. No. 29 CRM 8834 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 20.12.2021 in connection with Bowbazar Police Station Case No. 299 of 2021 dated 13.11.2021 under Sections 420/406 of the Indian Penal Code.

-And- In the matter of : Samim Islam ... ...Petitioner Mr. Niladri Sekhar Ghosh, Advocate Ms. Sampurna Chatterjee, Advocate ... ... For the Petitioner Mr. Neguive Ahmed, Advocate Ms. Ayantika Roy, Advocate ... ... For the State Mr.

Arnab Mukherjee, Advocate Mr. Somosuvra Sarkar, Advocate ... ... For the de facto complainant Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the complaint is off shoot of a commercial transaction. Learned Advocate appearing for the State submits that the petitioner responded to the notice under Section 41A of the Code of Criminal Procedure. The petitioner paid a sum of Rs.1,25,000/- out of the claim of Rs.7 lacs. The de facto complainant is represented.

Considering the nature of the offence and the complicity of the petitioner therein and considering the facts and circumstances of the case, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and with a further condition that the petitioner shall meet the Investigating Officer once in a month till the conclusion of the investigation and on further condition that the petitioner shall appear before the Court below and pray for regular bail within four weeks from date.

The prayer for anticipatory bail is allowed.

CRM 8834 of 2021 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)