Chuya Dwan v. State Of West Bengal

C.R.M. (A) 5703 of 2023 04.01.2024 Sl.26 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khandaghosh Police Station Case No.150 of 2023 dated 25.03.2023 under Sections 467/468/471/420/406/34 of the Indian Penal Code, 1860, corresponding to G.R. No.1634 of 2023.

And In the matter of: Chuya Dwan ....petitioner.

Mr. Uday Sankar Chattopadhyay Mr. Suman Sankar Chattopadhyay Ms. Trisha Rakshit Ms. Rajashree Tah Ms. Aishwarya Datta ... for the petitioner.

Mr. Saibal Bapuli, Ld. APP Ms. Debjani Dasgupta ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that there is a civil suit in Title Suit No.129 of 2023 pending. The petitioner resigned as a Director of the company. Another person was inducted as a Director of such company with the liability of the company being shifted to the new inductee. Learned Advocate appearing for the State submits that the petitioner inducted the new person on the basis of a forged document. The forged document was seized by the police. The investigations are ongoing.

We find from the materials in the case diary that the petitioner was a Director of a company which dealt with paddy from Food Corporation of India. The dealing of the company with Food Corporation of India is suspect. Petitioner was the Director through the relevant period of time. Thereafter the

petitioner claims that he inducted a new person as a Director of a company. The new person denied such induction. Role of the petitioner in the incident requires investigation. In such circumstances, we are unable to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 5703 of 2023 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)