Kripa Shankar Gupta v. State Of West Bengal

05.04.2 PG Court No.1 CALCUTTA HIGH COURT CIRCUIT BENCH JALPAIGURI C.R.M. 72 of 2019 Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973.

In re : Kripa Shankar Gupta............petitioner Mr. Avrojyoti Das Mr. Rajul Kedia..............for the petitioner Mr. Aditi Shankar Chakraborty Mr. Ujjal Luksom.... ... for the State Apprehending arrest in connection with Siliguri Police Station F.I.R. No. 735 of 2017 dated 15.10.2017 under sections 408/468/471/420/120B of the Indian Penal Code, the petitioner has applied for anticipatory bail.

We have heard learned advocates for the parties and perused the materials in the case diary. Considering the fact that the allegation of forgery is not directed against the petitioner and that at best he can be accused of purchasing property, which was procured upon such forgery being effected and also keeping in mind the document annexed to the application, marked P-3, whereby the de facto complainant and the petitioner appear to have resolved their inter se disputes and differences, we are of the considered opinion that custodial interrogation of the petitioner

may not be necessary for effective and meaningful progress of investigation of the said F.I.R. and it is a fit and proper case for making direction, as prayed for.

Accordingly, it is directed that in the event of arrest, the petitioner shall be released on bail upon furnishing bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of like amount to the satisfaction of the arresting officer and also subject to the conditions laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure, 1973.

C.R.M. 72 of 2019 is, thus, allowed.

(SHIVAKANT PRASAD, J.) (DIPANKAR DATTA, J.)