Raju Kumar Srivastava @ Raju Srivastava v. The State Of West Bengal

20.09.2024 Sr. No. 13 Ct. No. 238.

AB (Allowed) C.R.M. (DB) 2822 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Andal Police Station Case No.378 of 2022 Dated 24.09.2022 under Sections 406/409/419/420/465 467/468/471/120B of the Indian Penal Code In the matter of : Raju Kumar Srivastava @ Raju Srivastava ....Petitioner.

Mr. Raju Mondal .....For the Petitioner.

Mr. Rudradipta Nandy, ld. APP Mr. Ratul Ghosh .....For the State.

1. Heard learned Advocates for the parties.

2. Petitioner submits that he is in custody for one year and seven months. Co-accused has been enlarged on bail. He prays for bail.

3. Learned lawyer for the State opposes the bail prayer. He contends over Rs.6 Crores have been diverted from the account of M/s. Sanjay Chemicals (India) Private Limited and misappropriated.

4. We have considered the materials on record. It appears a sum of Rs.4 Crores out of Rs.6 Crores has been blocked during investigation. No money was recovered from the account of the petitioner. Co-accused has been enlarged on bail. Accordingly, we are inclined to extend the same privilege to the petitioner.

Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 24 th of September 2024 12:33:11 PM

5. Accordingly, the petitioner, namely, Raju Kumar Srivastava @ Raju Srivastava shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Durgapur, subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.

6.

In the event petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

7. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)