Subhajit Patra v. State Of West Bengal

23.09.2022 Serial no.16 Aloke CRM (A) 4542 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Debra Police Station Case No. 141 of 2020 dated 05.03.2020 under Sections 420/406/506 of the Indian Penal Code.

-AndIn the matter of : Subhajit Patra ... ... Petitioner Mr. Navnil De, Advocate Mr. Rajeshwar Chakraborty, Advocate Mr. Srinjan Ghosh, Advocate Mr. Subhrojit Dey, Advocate ... ... For the Petitioner Mr. Saibal Bapuli, ld. APP Mr. Bibaswan Bhattacharya, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner left the employment on 2017. The police case was registered on March 5, 2020. The petitioner was falsely implicated.

Learned Advocate appearing for the State draws the attention to the materials in the case diary. He submits that the petitioner defalcated a sum of Rs.12 lakhs and odd. There is a delay in the lodgment of the first information report. The petitioner complied with the notice issued under Section 41A of the Code of Criminal Procedure. 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 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 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) 4542 of 2022 is disposed of.

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