Himadri Biswas v. State Of West Bengal

09.01.2024 Serial no. ML 193 Anticipatory bail [Allowed] Dd CRM (A) 4836 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Gariahat Police Station Case No. 153 of 2023 dated 13.07.2023 under Sections 420/120B/506 of the Indian Penal Code, 1860. (C.G.R. Case No. 2190 / 2023 ) -AndIn the matter of : Himadri Biswas ... ... Petitioner Mr. Abhinaba Dan, Ms. Ankita Mukherjee, Advocates ... ... For the Petitioner Mr. S.S. Imam, Mr. S. Kundu, Advocates ... ...For the State Petition is taken up for consideration subsequent to order dated October 17, 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.

Apparently, the petitioner worked as a broker relating to an immovable property.

The vendor of the immovable property was granted bail. In such circumstances, we confirm the interim order granted on October 17, 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) 4836 of 2023 is disposed of.

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