Abhimanyu Sarkar v. State Of West Bengal

09.01.2024 Item No.169(M.L.) Ct.No.29 dc./srm Allowed C.R.M. (A) 4800 of 2023 In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Pragati Maidan Police Station Case No. 138 of 2023 dated 24.05.2023 under Sections 420/406/120B/506 of the Indian Penal Code.

And In Re :

Abhimanyu Sarkar ... Petitioner.

Mr. Sourjya Kumar Das, Mr. Rabindra Kumar Mitra, Ms. Poulami Bhowmick ... For the Petitioner.

Mr. Swapan Banerjee, Ms. Purnima Ghosh ... For the State.

Ms. Subhasree Patel ... For the de facto complainant.

The application for anticipatory bail is taken up for consideration subsequent to the order dated October 17, 2023 passed by the Coordinate Bench.

By such order, an interim anticipatory bail was granted to the petitioner.

It is submitted at the bar that such order was passed without considering the materials in the case diary and in view of the ensuing puja vacation.

Petitioner, State and the de facto complainant are represented.

We perused the materials in the case diary.

Police complaint revolves around a commercial transaction.

An element of civil dispute is involved.

Apparently, the petitioner did not pay for the goods. In view of the materials in the case diary and in view of the fact that the police complaint revolves around commercial transaction, we confirm the interim order dated October 17, 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 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 will report before the Investigating Officer once a week till the conclusion of the investigation 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.

The application for anticipatory bail is, thus, allowed. CRM(A) 4800 of 2023 is disposed of.

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