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Calcutta High CourtCRM (A)/3988/2024allowed

Gita Saha And ANR v. The State Of West Bengal

2024-11-19Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

19.11.2024 tkm/ct 28 C.R.M. (A) 3988 of 2024 sl no. 44 In Re : An application for anticipatory bail under section 482 of BNSS 2023 in connection with Belur P.S Case no. 41 of 2024 dated 22.3.2024 under sections 420/406/323/506/34 IPC Allowed and In Re : Gita Saha & Anr.

... petitioners Mr. D Aditya Mr. Tina Biswas ...... for the petitioners Mr. Rituparna De Ghose Ms. Puja Goswami ...... for the State Mr. Anamita Banerjee Ms. Apan Saha Mr. Subhasish jana Mr. Subhajit Dhara ...... for the de facto complainant

1. Petitioners submit there is a running transaction between the parties since 2022. Ingredients of offence of cheating and criminal breach of trust are not disclosed. They pray for anticipatory bail.

2. Learned lawyer for the State submits petitioner did not cooperate with investigation.

3. We have considered the materials on record. In the FIR it is alleged complainant had supplied iron bars to the petitioner but the latter failed to make payment. It is contended the transaction is a continuing one and the dispute, if any, relates to settlement of accounts.

4. Under such circumstances we are inclined to grant anticipatory bail to the petitioners.

5. Accordingly, we direct that in the event of arrest, the petitioners viz. Gita Saha and Nayhana Saha shall be

released on bail upon furnishing a bond of Rs. 10,000/- each 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 482(2) of BNSS 2023 and on further condition that the petitioners while on bail shall meet the investigating officer once in a week until further orders.

6. Petitioners shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

7. The application being CRM (A) 3988 of 2024 is disposed of. (Gaurang Kanth , J.) (Joymalya Bagchi, J.)