Gobinda Karan v. State Of West Bengal

18.12.2025 Sl. No.41 Ct. 28 NB CRM (A) 3929 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nandakumar PS Case No.800/2024 dated 26.12.2024 under Sections 419, 420, 467, 468, 471 and 472 of the Indian Penal Code, 1860.

And In the matter of: Gobinda Karan ... petitioner Mr. Laxmikanta Bhattacharya, Mr. Subhankar Bose.

...for the petitioner.

Ms. Ankita Paul.

...for the State.

Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner did not even file the mutation case in question. Only a small portion of the plots of land in question was inherited by the petitioner. The petitioner has been erroneously implicated in the instant case.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She relies on the report, which is taken on record and the case diary. As per the report, the authenticity of the deed in question could not be verified because the concerned ADSR did not make the relevant materials available as the registration belonged to pre digitized era. It appears that the case is based on documentary evidence. The principal document is supposedly available at the Registry Officer, whose inspection can be taken.

Considering the above and the other materials available in the case diary, 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 present petitioner.

Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and shall meet the Investigating Officer once a fortnight till submission of report in final form.

The application for anticipatory bail is, thus, disposed of. The personal appearance of the Investigating Officer is noted and is dispensed with.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)