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Calcutta High CourtCRM (A)/3548/2024allowed

Setabur Rahaman v. The State Of West Bengal

2024-11-11Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

11.11.2024 Sl. No.9 akd [ALLOWED] C. R. M. (A) 3548 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 23.09.2024 in connection with Kaliachak Police Station Case No.1078 of 2024 dated 16.07.2024 under Sections 120B/406/420 of the Indian Penal Code. (G.R. Case No.4994 of 2024) And In Re: Setabur Rahaman ... ... Petitioner Ms. Minoti Gomes Mr. Jisan Iqubal Hossain ... ... for the petitioner Mr. Subhomay Bhattacharyya Ms. Sreetama Das ... ... for the State 1.

Heard learned Advocates for both the parties. 2.

We have considered the materials on record. The dispute arose out of a commercial transaction. Mere failure to comply with the terms of a commercial arrangement per se would not attract the ingredients of the alleged offence. Under such circumstances, we are of the opinion though custodial interrogation of the accused/petitioner is not necessary and he may be granted anticipatory bail, he requires to cooperate with the investigation.

3.

Accordingly, we direct in the event of arrest, the accused/petitioner, namely Setabur Rahaman, 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 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner shall meet the Investigating Officer once in a week until further orders. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date. Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of November 2024 03:58:09 PM

4.

The application for anticipatory bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of November 2024 03:58:09 PM