Din Dayal Chand Bhandari And ORS v. State Of West Bengal

31.10.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4737 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Durgapur Police Station Case No. 214 of 2020 dated 12.07.2020 under Sections 420/406/409/467/468/471/ 120B/34 of the Indian Penal Code, 1860.

And In Re : Din Dayal Chand Bhandari & Ors.

...... petitioners Mr. Jaydeep Biswas Mr. Kaushik Ghosh ....for the petitioners Mr. Krishan Ray Mr. Apurbo Ghosh Mr. Pronojit Roy ....for the de-facto complainant Mr. Ranabir Roychowdhury Mr. Sandip Chakraborty ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioners stand on the same footing as that of the other co-accuseds, who were granted anticipatory bail on September 26, 2022 passed in CRM(A) 4470 of 2022. Learned advocate appearing for the State submits that, the police filed charge-sheet.

Learned advocate appearing for the de-facto complainant submits that, anticipatory bail were granted to the other two co-

accused in consideration of their respective age. The petitioner cannot claim parity with the other two co-accuseds. There are civil disputes pending between the private parties. The dispute relates to a trust. There are criminal proceedings also pending.

Two co-accuseds were enlarged on anticipatory bail by the order dated September 26, 2022 passed in CRM(A) 4470 of 2022.

The police filed charge-sheet.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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 petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)