Biprojit Sen @ Biprajit Sen v. State Of West Bengal

03.01.2024 Item No.8 Ct. No. 29 CHC Allowed C.R.M.(A) 4255 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 171/2023 dated 10.06.2023 under Sections 406/420/506 of the Indian Penal Code. And In the matter of : Biprojit Sen @ Biprajit Sen ...... petitioner Mr. Asraf Mandal ....for the petitioner Mr. Joydeep Roy, Jr. Govt. Advocate Ms. Sujata Das ....for the State Petition is taken up for consideration subsequent to the order dated October 16, 2023 passed by the co-ordinate Bench. By such order, the coordinate Bench granted interim anticipatory bail to the petitioner.

It is submitted at the bar that, such order was passed without consulting the materials in the Case Diary and in view of the ensuing Puja Vacation.

We perused the Case Diary.

It appears that, allegation is of non-supply of materials after receipt of payment.

Apparently, the disputes are civil in nature. In such circumstances, we confirm the interim order dated October 16, 2023.

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 further condition that the petitioner shall report before the Investigating Officer as and when called for by the Investigating Officer and on condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. CRM(A) 4255 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)