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Calcutta High CourtCRM (A)/3975/2025allowed

Rajesh Sethi v. State Of West Bengal And ORS.

2025-12-19Hon'Ble Justice Jay Sengupta3 pages

19/12/2025 D/L - 33 Court No.28 S. Kundu Allowed C.R.M.(A) 3975 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with A.J.C Bose (B. Garden) case no. 181 of 2025 dated 9/9/2025 under Sections 420/406 of the IPC.

In the matter of: Rajesh Sethi

...Petitioner.

Mr. Srinjoy Das Mr. Saroj Banerjee Ms. Jui Jana Mr. Aritra Ghosh Ms. Shenha Das ...for the petitioner.

Mr. Soumya Nag Mr. Pradeep pandey Mr. S. Nandy ...for the O.P no. 2 and 3.

Mr. Subhamoy Bhattacharyya Ms. Rajarshee Tah ...for the State.

1. Learned counsel appearing for the petitioner submits as follows. In 2018, an agreement was entered into between the petitioner and the de-facto complainant for delivery of certain goods. Some of the goods started being delivered from the year 2018 itself. All the consignments were sent by 2023. Yet, the present FIR was lodged only on 9.9.2025. The petitioner has already responded to the earlier demand notice sent by the de-facto complainant.

2. Learned counsel appearing for the State opposes the prayer for anticipatory bail. He relies on the statements

of witnesses and documents seized. The petitioner had only given a written explanation in respect of the notice issued by the Investigating Officer.

3. Learned counsel appearing for the de-facto complainant vehemently opposes the prayer for anticipatory bail. He submits that the petitioner kept on assuring that the materials will be installed, and that caused the delay.

4. It appears that the initial communication regarding installation was of 2018.

5. Considering the nature of allegations, the 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 as and when required.

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

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

(Jay Sengupta, J.)