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Calcutta High CourtCRM/7599/2020allowed

Dipankar Das Alias Dipak Das v. State Of West Bengal

2020-10-08Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Aniruddha Roy2 pages

08.10.2020.

23.

as (Allowed).

C.R.M. 7599 of 2020 With C.R.A.N.1 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gopiballavpur P.S. Case No.73 of 2019 dated 19.08.2020 under Sections 420/406 of the Indian Penal Code. In the matter of : Dipankar Das @ Dipak Das.

... Petitioner.

Mr. Riwik Pattanayak.

...for the Petitioner.

Mr. Madhusudan Sur, ld. A.P.P., Mr. Dipankar Paramanick.

.....for the State.

Heard the learned Advocates appearing for the parties. Petitioner undertakes to affirm and stamp the petition/application as per Rules within a 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 CRAN 1 of 2020, is disposed of.

It is submitted on behalf of the petitioner there was a commercial transaction between the parties and the dispute does not have a criminal profile.

Learned Advocate appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that the issue involves alleged breach of contractual obligation, we are inclined to grant bail to the petitioner, however, subject to strict conditions.

Accordingly, we direct that in the event of arrest the petitioner, viz., Dipankar Das @ Dipak Das Islam shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall meet the Investigating Officer once in a week until further orders. This application for anticipatory bail is, thus, disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Aniruddha Roy,J.) (Joymalya Bagchi, J.)