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Calcutta High CourtCRM (A)/3249/2024allowed

Pradip Bhattacharjee @ Pradeep Bhattacharya @ Pradip Bhattacharya @ Babu v. State Of West Bengal

2024-09-12Hon'Ble Justice Soumen Sen,Hon'Ble Justice Prasenjit Biswas2 pages

12.09.2024 SL No.20 Court No.29 (gc) (Allowed) CRM (A) 3249 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Salboni Police Station Case No.155 of 2024 dated 18.07.2024 under Sections 316(2) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of : Pradip Bhattacharjee @ Pradeep Bhatacharya @ Pradip Bhattacharya @ Babu - Petitioner.

Mr. Atanu Biswas, Mr. Mrinal Saha ....For the Petitioner.

Mr. Binay Kumar Panda, Mr. Najmul Touhid ... For the State.

Mr. Sujan Chatterjee, Ms. Souparna Sinha ....For the De facto Complainant.

1. The learned Counsel for the petitioner submits that the petitioner was a supplier to one Pranab Kumar Dutta, who is the proprietor of M/s. Vidyut Enterprise in respect of construction works of pump houses and overhead reservoirs at various places. It is claimed that the petitioner was supplying labour for construction of pump house and overhead water reservoir. It is submitted that there is a dispute with regard to the settlement of accounts of the materials supplied by the petitioner to the de facto complainant.

2. The learned Counsel for the State and the de facto complainant have opposed the prayer for anticipatory bail. Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 13 th of September 2024 11:18:46 AM

3. The learned Counsel for the State has produced the case diary and has referred to the statement of the employees of the de facto complainant.

4. Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of the alleged offence and having regard to the nature of the dispute, we are of the view that custodial interrogation of the petitioner is not necessary.

5. Accordingly, we direct that in the event of arrest, the petitioner, namely, Pradip Bhattacharjee @ Pradeep Bhatacharya @ Pradip Bhattacharya @ Babu, shall be released on bail upon furnishing a bond of Rs.20,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 482(2) of the BNSS, 2023 and on further condition that the petitioner shall meet the I.O. once in a week till the submission of the final report.

6. It is further directed that the petitioner shall appear before the learned Chief Judicial Magistrate, Medinipur in connection with G.R. Case No.1997 of 2024 within two weeks from date.

7. Accordingly, the application for anticipatory bail is disposed of.

8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Prasenjit Biswas, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 13 th of September 2024 11:18:46 AM