Arati @ Aarti Singh Gupta v. State Of West Bengal

09.01.2024 Item No.218(D.L.) Ct.No.29 dc./srm Rejected C.R.M. (A) 06 of 2024 In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Girish Park Police Station Case No. 228 of 2022 dated 04.11.2022 under Sections 120B/465/468/467/ 471/406/420 of the Indian Penal Code.

And In Re :

Arati @ Aarti Singh Gupta ... Petitioner.

Mr. Somopriyo Chowdhury, Mr. Dipayan Dan ... For the Petitioner.

Mr. Debasish Roy, Ld. P.P., Mr. Rudradipta Nandy, Mr. Goutam Wilson ... For the State.

The petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the husband obtained the loan.

There is a proceeding, inter alia, under Section 498A of the Indian Penal Code, 1860 pending against the husband. There are proceedings before the Debts Recovery Tribunal.

Learned advocate appearing for the State submits that the proceeding before the Debts Recovery Tribunal was disposed of by permitting the husband of the petitioner to settle the claim. The claim is yet to be settled. We perused the materials in the case diary.

Apparently, the petitioner and her husband were directors of a legal entity which obtained loan from the bank. The loan is yet to be repaid.

The order of the Debts Recovery Tribunal is yet to be complied.

Materials in the case diary make out a case for investigation.

Enlarging the petitioner on anticipatory bail at this stage will be inimical.

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

CRM(A) 06 of 2024 is dismissed.

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