Md. Younus Ali @ Md. Yunus v. State Of West Bengal

15.09.2020 SL No.31 AP CRM 6511 of 2020 With IA No: CRAN 1 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kandi P.S. Case No.641 of 2017 dated 30.07.2017 under Sections 406/409/420/34 of the Indian Penal Code corresponding to Kandi Police Station Charge Sheet No.169 of 2020 dated 27.04.2020 under Sections 406/409/420/34 of the Indian Penal Code.

And In the matter of: Md Younus Ali @ Md Yunus ....Petitioner.

Mr. Debasish Roy, Ms. Sreyashee Biswas, Ms. Benajir Hasna ...for the Petitioner.

Mr. Madhusudan Sur, Ld. A.P.P., Mr. Aniket Mitra ...for the State.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being IA No: CRAN 1 of 2020 is disposed of.

It is submitted on behalf of the petitioner that a substantial portion of the outstanding dues have since been liquidated and investigation is complete. Memo of evidence is placed on record. We have considered the materials on record. Gist of the allegation appears to be over-charging of passengers by the petitioner's firm. Admittedly, substantial portion of the over-charged amount has been deposited in the account of the de facto complainant. In view of the aforesaid facts and as investigation is complete, we are inclined to grant anticipatory bail to the petitioner

on condition that the petitioner requires to cooperate with the investigation in accordance with law.

Accordingly, we direct that in the event of arrest, the petitioner namely Md Younus Ali @ Md Yunus be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 438(2) of the Code of Criminal Procedure, 1973. The application for anticipatory bail is, thus, disposed of. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)