Calcutta High CourtCRM (A)/4089/2023allowed

Manas Das v. State Of West Bengal

2023-12-05Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

5.12.2023 (M/L 21) Ct. No.29 (Allowed) (SKB) CRM (A) 4089 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Shakespear P. S. Case No.113 of 2023 dated 11.07.2023 under Sections 420/468/471 of the Indian Penal Code (G.R. (S) Case No.808 of 2023).

In the matter of : Manas Das ... Petitioner Mr. Sabyasachi Chatterjee, Mr. Sandipan Das, Mr. Sayan Banerjee, Mr. Bodrul Karim, Mr. Dipankar Das, Mr. Dipak Kumar Mondal ... for the petitioner Mr. Sudip Ghosh, Mr. Kaushik Kundu ... for the State Mr. Ayan Mitra ... for the Defacto complainant

1. Heard learned counsel for the parties.

2. The petitioner is stated to be the agent of a Bank. He used to propagate among the people to avail the loan from the informant Bank.

3. It is alleged that in multiple cases of loan the petitioner became the identifier and the documents given by the proposed loanees were found to be forged. If the documents were forged, responsibility lies on the verifying authority of the Bank as to how forged document can pass the scrutiny of the bank officials and legal retainer of the

bank. Be that as it may, all the evidences are document based.

4. Investigation is stated to have progressed substantially.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the G.R. (S) Case No.808 of 2023 arising out of the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition:

i) The petitioner is directed to appear before the IO once in a week on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. Within 21 days from today petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

8. The application being CRM(A) 4089 of 2023 is disposed of.

9. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)