Goutam Sen v. State Of West Bengal And ORS.

24.11.2020 Sc CRM 8038 of 2020 (Via Video Conference) In Re: - An application for Anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sankrail P.S. Case No. 141 of 2019 dated 21.02.2019 under Sections 420/406 of the Indian Penal Code.

And In the matter of: Goutam Sen ....Petitioner.

Mr. Mrityunjoy Chatterjee Mr. Susnigdha Bhattacharya.

...for the Petitioner.

Mr. Swapan Banerjee Ms. Sima Biswas.

...for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The matter pertains to an agreement to sell a property and the allegation that the petitioner had taken money and neither proceeded to honour the agreement or refund the money. Considering the material produced by the State, there appears to be a civil dispute between the parties for which the immediate arrest of the petitioner may not be necessary. Subject to the above, in the event of arrest, the petitioner will be enlarged on bail on furnishing security of Rs. 10,000/- (Rupees ten thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The

petitioner will abide by the conditions laid down in Section 438(2) of the Code.

CRM 8038 of 2020 is disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)