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Calcutta High CourtCRM/9472/2020allowed

Ranjan Kumar Singh And ANR v. State Of West Bengal

2020-12-21Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

21.12.2020 b.das CRM 9472 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanditala P.S. Case No.417 of 2019 dated 28.09.2019 under Sections 420/406/403/34 of the Indian Penal Code.

And In the matter of: Ranjan Kumar Singh & Anr.

....Petitioners.

Mr. Ayan Bhattacharya Mr. Kunal Ganguly ...for the Petitioners.

Mr. Arijit Ganguly Mr. Sanjib Kr. Dan ...for the State.

It is submitted on behalf of the petitioner that there is a dispute between the parties over development of a property. Allegation of cheating may be assessed in the light of the submission that there was a contractual relationship between the parties over development of immovable property. Whether the petitioners had dishonest intention from the inception of the transaction may be decided at the appropriate stage of the proceeding. In view of the aforesaid factual matrix, we are of the opinion that custodial interrogation may not be necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) 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 438(2) of the Code of Criminal Procedure, 1973. This application for anticipatory bail is thus allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)