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Calcutta High CourtCRM/10057/2020allowed

Lalchand Mandal v. State Of West Bengal

2020-12-09Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

rkd 09.12.2020 Ct. No.28 (Allowed) C.R.M. 10057 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar P.S. Case No. 931 of 2020 dated 10.10.2020 under Sections 406/420 of the Indian Penal Code.

And In the matter of: Lalchand Mandal ....petitioner.

Mr. K. Mondal ...for the petitioner.

Mr. S. Ghosh, Mr. A. Datta ...for the State.

It is submitted on behalf of the petitioner that there is a dispute between the petitioner and the erstwhile employer. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and submits that the petitioner has failed to account for the amounts collected for his employer. We have considered the materials on record. We note that no contemporaneous document corroborating oral statement is placed on record in support of the allegation. In view of the aforesaid fact and as possibility of false implication by the erstwhile employer cannot be ruled out, we are inclined to grant anticipatory bail to the petitioner.

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 he shall meet the investigation officer once in a week until further orders.

The application for anticipatory bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)