Anisur Rahaman v. The State Of West Bengal

11.12.2024 Sl. No.16 akd [ALLOWED] C. R. M. (A) 4255 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 27.11.2024 in connection with Beldanga Police Station Case No.666 of 2024 dated 04.09.2024 under Sections 336(2)/336(3)/340(2)/318(4)/3(5) of the Bhatatiya Nyaya Sanhita, 2023. (G.R. Case No.4586 of 2024) And In Re: Anisur Rahaman ... ... Petitioner Ms. Minoti Gomes Mr. Jisan Iqubal Hossain ... ... for the petitioner Ms. Anasuya Sinha .. ld. Addl. Public Prosecutor Mr. Nirupam Dhali ... ... for the State 1.

It is submitted on behalf of the petitioner no loan had been advanced to him and wrongful loss had not been suffered by the complainant Bank. Accordingly, he prays for anticipatory bail. 2.

Learned Additional Public Prosecutor opposes the prayer for anticipatory bail and submits petitioner relied on a forged building plan to obtain bank loan. Since the forgery was detected in time, loan was not advanced.

3.

We have considered the materials on record. It is alleged petitioner relied on a forged building plan and applied for loan. However, loan was not sanctioned. Forged documents are in control and custody of the Investigating Agency. In this backdrop, we are of the opinion custodial interrogation of the petitioner for progress of investigation is not necessary and he may be granted anticipatory bail. 4.

Accordingly, we direct in the event of arrest, the petitioner, namely, Anisur Rahaman, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of December 2024 04:49:52 PM

amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date. He shall cooperate with investigation and provide his signature and handwriting for verification, if necessary. 5.

The application for anticipatory bail is, thus, disposed of. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of December 2024 04:49:52 PM