Bhim Mandal And ANR v. State Of West Bengal

21.12.2020 Sdas allowed CRM 10533 of 2020 (via video conference) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Asansol Cyber Crime P.S. Case No. 12 of 2020 dated 12.03.2020 under Sections 419/420/406 of the Indian Penal Code.

And In the matter of : Bhim Mandal & Anr. .........petitioners. Mr. Debasis Mitra ...for the petitioners.

Mr. N. Ahmed, learned A.P.P Ms. Sayanti Santra ...for the State.

Learned Counsel appearing for the petitioners submits that they are not the principal accuseds. Alleged stolen funds have already been frozen in the account of the petitioner no. 2. Learned Counsel appearing for the State opposes the prayer for anticipatory bail and submits that entire money has not been recovered. We have considered the materials on record. We note that the petitioners are not the principal accuseds. Steps have been taken to freeze their accounts where stolen money was illegally credited. In view of such facts, custodial interrogation of the petitioners is not 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. The application for anticipatory bail is, thus, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)