Rajaram Ray @ Raja Ram Roy v. State Of West Bengal

02.01.2024 Serial no. 58 Anticipatory bail [Allowed] Dd CRM (A) 4282 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Serampore Police Station Case No. 254 of 2023 dated 10.06.2023 under Sections 420/406/468/471/409/506/120B of the Indian Penal Code, 1860.

(G.R. Case No. 1386/2023) -AndIn the matter of : Rajaram Ray @ Raja Ram Roy ... ... Petitioner Mr. Sourav Chatterjee, Mr. Aditya Tiwari, Advocate ... ... For the Petitioner Mr. Debabrata Chatterjee, APP Mr. Santanu Chatterjee, Advocates ... ...For the State Petition is taken up for consideration subsequent to order dated October 16, 2023.

By such order, interim anticipatory bail was granted by the co-ordinate Bench.

It is submitted at the Bar that the co-ordinate Bench did not consider the materials in the case diary and passed such order in view of the ensuing Puja vacation.

We perused the materials in the case diary. We find that the petitioner before us was an attesting witness to a deed of conveyance in respect of a flat.

It is alleged that the vendors sold such flat to another person subsequently.

As noted above, the petitioner is an attesting witness to the first deed of conveyance.

There is no material before us to suggest that the petitioner was architect for the next deed of conveyance. Need for custodial interrogation of the petitioner is not felt. Therefore, we confirm the interim order granted on October 16, 2023.

Consequently, we grant anticipatory bail to the petitioner.

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 once in a month till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4282 of 2023 is disposed of.

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