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Calcutta High CourtCRM (A)/3902/2025allowed

Hare Ram Roy v. State Of West Bengal

2025-12-22Hon'Ble Justice Jay Sengupta3 pages

22/12/2025 D/L - 9 Court No.28 S. Kundu Allowed C.R.M.(A) 3902 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Kulti P.S case no. 540 of 2025 dated 13/9/2025 under Sections 316(2)/318(2)/318(4)/336(3)/338/61(2) of the BNS. In the matter of: Hare Ram Roy

...Petitioner.

Mr. Avik Ghatak Mr. Fahad Imam Mr. Sagnik Mukherjee Mr. Bilal Hasan ...for the petitioner.

Mr. Iqbal Kabir Mr. Atanu Ghosh ...for the State.

1. Learned counsel appearing for the petitioner submits as follows. The petitioner has been falsely implicated in this case. He is not the principal accused. The petitioner has no stake either in the Roji Traders or Roy Traders the two concerns mentioned in the FIR.

2. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He submits that two other co-accused namely, Harendra Roy and Virendra Roy, induced the petitioner to invest money in the concern belonging to them and their uncle, the present petitioner, with the assurance that he would get good returns and would be made a 51% shareholder in the business. Nothing of that sort happened, although a sum of Rs.35,54,000/- was taken.

Although the present petitioner is not the owner of either Roji Traders or Roy Traders, there is a transaction of about Rs.8 Lakhs being transferred from the account of the petitioner to the said Roji Traders.

3. It appears that the petitioner is not the principal accused in this case. The main allegations are against the coaccused namely, Harendra Roy and Virendra Roy.

4. The transaction referred to in the Investigating Agency shows transfer of money from the petitioner to the Roji Traders for whatever reason.

5. Considering the above, the other materials available in the case diary and the alleged role ascribed to the present petitioner, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

6. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 further conditions that the petitioner shall cooperate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O once a week till submission of report in final form.

7. Accordingly, the application for anticipatory bail is allowed.

8. The personal appearance of the Investigating Officer is noted and is dispensed with.

9. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)