← Library
Calcutta High CourtCRM/9867/2020allowed

Deepjyoti Banerjee v. State Of West Bengal

2020-12-07Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

07.12.2020 tkm/ct 28 C.R.M. 9867 of 2020 sl no. 73 (via video conference) In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Jorabagan P.S case128 of 2020 dated 20.8.2020 under sections 120B/420/403/467/468/471/406 of the IPC Allowed and In Re : Deepjyoti Banerjee ...... petitioner Mr. P Kr. Gupta Ms. S Nisar ...... for the petitioner Mr. N Ahmed Mr. R Nandi ...... for the State It is submitted on behalf of the petitioner that the money had not been handed over to him. Preliminary enquiry prior to registration of FIR does not disclose any contemporaneous document connecting the petitioner with receipt of the money advanced by the de facto complainant.

Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the extent of complicity of the petitioner in the alleged crime in the light of the aforesaid submission made on behalf of the petitioner, we are of the opinion though custodial interrogation of the petitioner may not be necessary, he requires to co-operate with investigation in accordance with law.

Accordingly, we direct that in the event of arrest, the petitioner 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 also subject to the conditions as laid

down under section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that while on bail petitioner shall meet the investigating officer once in a week until further orders. The application being CRM 9867 of 2020 is disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)