Sunny Kumar Sahni @ Sunny Sahni v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 25.04.2024 AT JALPAIGURI Court No.01 Item No. 13 Allowed ar CRM (A) 280 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Siliguri Police Station Case No. 27 of 2024 dated 09.01.2024 under Section 381of the Indian Penal Code. And In Re: Sunny Kumar Sahni @ Sunny Sahni Petitioner Mr. Somraj Paul For the Petitioner Mr. Kallol Acharjee Mr. Ujjal Luksom Mr. Sagnik Sankar Sikdar For the State

1. In course of hearing Mr. Ujjal Luksom, learned counsel for the State produces before us the case diary and draws our attention to page 39 of the said C.D wherefrom it reveals that the I.O has noted that the present accused petitioner has failed to produce all relevant documents in connection with the alleged crime.

2. On perusal of the written complaint it reveals that this is the allegation of the informant that the present accused petitioner has stolen 4200 Euro and 1200 Pound, which comes to Rs.5,20,000/- in Indian currency.

3. It, prima facie, appears that the I.O had made no attempt to interrogate the present accused petitioner with regard to the alleged crime and on the contrary he insisted to produce some documents for the reason based known to him.

4. In view of such, we are inclined to grant anticipatory bail to the present accused petitioner.

5. Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.3,000/-, with two registered sureties of like amount each, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner shall meet the Investigating Officer once in a week and/or as and when called for till the submission of the final report.

6. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

7. CRM (A) 280 of 2024 is, thus, disposed of.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Partha Sarathi Sen, J)