Calcutta High CourtCRM (A)/4760/2022allowed

Rajmuni Singh @ Rajmoni Singh v. State Of West Bengal

2022-09-30Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

30.09.2022 sl. 39 Dd Allowed CRM (A) 4760 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Burtolla Police Station Case No. 122 of 2022 dated 01.06.2022 under Sections 420/406/120B of the Indian Penal Code bearing G.R. NO. 684 of 2022.

And In Re : Rajmuni Singh @ Rajmoni Singh ..... petitioner Mr. Debasish Roy, Mr. Tarique Quasimuddin Mr. Syed Khafiz Zamar .....for the petitioner Mr. Sudip Ghosh, Mr. Bitasok Banerji, ....for the State Petitioner submits that there is a civil dispute between the parties. Civil suits are pending inter se. Criminal case was registered in order to exert pressure upon her. Learned lawyer for the State opposes the prayer for bail. He submits that the petitioner had taken money and gold from the de facto complainant for purchasing properties in her name. She failed to do so. She promised to refund the same but has not done so.

We have considered the materials on record. There are civil suits between the parties over the issue. The transaction relates to 2016. Belatedly criminal case has been lodged.

In view of the aforesaid facts and circumstances, we are of the opinion custodial interrogation is not necessary but petitioner requires to cooperate with the investigation in accordance with law.

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 appear before the court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioner shall make herself available for interrogation as and when necessary. This application for anticipatory bail is, thus, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)