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Calcutta High CourtCRM (A)/3413/2025allowed

Santanu Singha v. State Of West Bengal

2025-09-25Hon'Ble Justice Jay Sengupta3 pages

AD 372 September 25, 2025 Ct. 28 SG CRM(A) 3413 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Khatra P.S. Case No.80 of 2025 dated 30.07.2025 under Sections 318(4)/316(2)/336(3)/338/340(2)/308(5)/ 3(5) of the BNS, 2023.

And In the matter of:

Santanu Singha ... petitioner Mr. Rana Mukherjee Mr. Arkaprabho Roy Mr. Rhiddhiman Mukherjee Mr. Soujanyo Pattanayak ... for the petitioner Mr. Joydeep Biswas Mr. Bitasok Banerjee Mr. Subhasish Datta ... for the State Mr. Sourov Mondal Mr. Arijit Bhuiya Mr. Rony Mondal ... for the De facto complainant Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case by rival land dealers. There is a counterblast to a demand notice given in respect of a cheque that was issued in favour of the co-accused in this case and subsequently led to a proceeding under Section 138 of the N.I. Act. Similarly circumstanced co-accused was granted anticipatory bail by this Court on 09.09.2025 in CRM(A) 3167 of 2025. The order has not been challenged before the superior Court.

Learned counsel for the de facto complainant strongly opposes the prayer for anticipatory bail and submits that the

de facto complainant was forcibly made to part with the blank cheques and other valuable documents. Signature in the cheque was also a forged one. The petitioner is a land mafia and he was trying to extort money from the de facto complainant who was also dealing with land. Earlier, only an employee of the petitioner was granted anticipatory bail. The present petitioner is the real kingpin.

Learned counsel for the State vehemently opposes the prayer for anticipatory bail and relies on the statements of witnesses as well as the victims.

It appears that the statements of the local witnesses were mostly hearsay in nature.

It also appears that there are allegations and counter allegations.

Considering the above and the materials available in the case diary and the fact that a similarly circumstanced coaccused was granted anticipatory bail by this Court, I am inclined to grant anticipatory bail to the petitioner. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) with two sureties of like amount each, one of whom must be local, 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 corresponding to Section 482(2) of the BNSS, 2023 and on the further conditions that the petitioner shall cooperate

with investigation, shall meet the investigating officer once a week till submission of report in final form and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)