Shailesh Jindal And ANR. v. State Of West Bengal

14.01.2025 08.

Ct. No. 28 SG [ALLOWED] C. R. M. (A) 4648 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Minakhan Police Station Case No. 154 of 2023 dated 03.05.2023 under Sections 420/406/506/120B of IPC. And In Re: Shailesh Jindal and Anr.

... ... Petitioners Mr. Sourav Mondal, Mr. Arijit Bhuiya, Mr. Rony Mondal.

.... for the petitioners Mr. Saryati Datta, Ms. Afreen Begum.

.... for the State Mr. Rahul Chakraborty, Mr. Soumya Nag, Ms. Samma Parvin.

... for the victim 1.

Report is placed on record.

2.

Report shows the delivery challans are genuine. Learned Advocate for the de facto complainant disputes this fact and submits the registration of the vehicle does not find place on the official website of the department concerned. 3.

We have considered the materials on record. Dispute relates to non-supply of cement to the complainant. Allegation at its height would disclose breach of contractual obligations. Investigation prima facie supports the defence plea that goods had been delivered which, however, has been disputed by the de facto complainant. This issue may be further investigated. Signed By :

SOURAV GHOSH High Court of Calcutta 15 th of January 2025 05:09:38 PM

However, custodial interrogation for such investigation is not necessary.

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., (1) Shailesh Jindal and (2) Jearul Haque 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 the Bharatiya Nagarik Suraksha Sanhita, 2023. They shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SOURAV GHOSH High Court of Calcutta 15 th of January 2025 05:09:38 PM