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Calcutta High CourtCRM (A)/3337/2024allowed

Gopal Chandra Das v. State Of West Bengal

2024-09-18Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

18.09.2024 Court No.29 Item No. 25 Allowed ar CRM (A) 3337 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438 of the Code of Criminal Procedure in connection with Khejuri Police Station Case No. 256 of 2024 dated 19.06.2024 corresponding to G.R Case No. 1680 of 2024 under Sections 420/406/409 of the Indian Penal Code. In Re: Gopal Chandra Das Petitioner Mr. Ujjal Ray Mr. Arpa Chakraborty For the Petitioner Mr. Saryati Dutta Mr. Abhishek Verma For the State

1. Learned counsel for the petitioner submits that the petitioner is innocent and after one and half years a false complaint has been lodged against the petitioner.

2. Learned counsel for the State in opposing the prayer for anticipatory bail has submitted that the beneficiaries of the account have alleged that they have not withdrawn the matured amount and on being shown them they have stated that the signatures are forged. It was for this purpose the custodial interrogation of the petitioner is necessary.

3. Learned counsel for the petitioner further has submitted that he is willing to provide multiple signatures to the investigating authority for fair investigation. For such assurance and considering the other materials, we are of the view that custodial interrogation of the petitioner is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Gopal Chandra Das shall be released on bail upon furnishing a bond of Signed By :

AMITAVA ROY High Court of Calcutta 18 th of September 2024 05:23:48 PM

Rs.10,000/-, with two sureties of like amount each, one of whom must be local, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023. The petitioner shall meet the I.O once in a week till the submission of the final report and the petitioner shall provide multiple handwriting and signatures to the I.O, as may be required during such investigation and on further condition that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Contai, Purba Medinipur, within two weeks from date in connection with G.R Case No. 1680 of 2024. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

5. Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Uday Kumar, J) Signed By :

AMITAVA ROY High Court of Calcutta 18 th of September 2024 05:23:48 PM