Bapi Das v. State Of West Bengal

rkd 13.01.2020 Ct. No.28 (Allowed) C.R.M. 211 of 2020 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 07/01/2020 in connection with Bagdogra P.S. Case No. 343 of 2019 dated 13/10/2019 under Sections 406/420 of the Indian Penal Code. And In the matter of: Bapi Das ....petitioner.

Mr. A. Banerjee ...for the petitioner.

Ms. A. Sinha, Mr. P. K. Mitra ...for the State.

It is submitted on behalf of the petitioner that there is a continuing business transaction between the parties and the dispute at its height relates to settlement of accounts between the parties. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail.

Having considered the materials in the case diary and bearing in mind the nature of allegations in the light of the aforesaid submission made on behalf of the petitioner that the instant case has arisen out of a civil dispute by and between the parties, 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 be 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 investigating officer once in a week until further orders and that he shall appear before the court below and pray for regular bail within four weeks from date.

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