Subhankar Sinha v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 25.3.2021 Ks CRM 451 of 2021 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No.59 of 2021 dated 03.02.2021 under Sections 406/408/420/471 of the Indian Penal Code.

And In the matter of: Subhankar Singha

...Petitioner.

Mr. Debasish Mukhopadhyay, Mr. Anirban Banerjee ...for the Petitioner. Mr. Ujjwal Luksom, Mr. Tapan Bhattacharjee ...for the State.

Mr. Debasish Mukhopadhyay, learned Advocate representing the petitioner submits that the petitioner has been falsely implicated in this case describing him to be the Accountant working under the de facto complainant, though he was actually appointed in the capacity of Area Sales Manager. Mr. Ujjwal Luksom, learned Advocate representing the State raises objection against the prayer for bail submitting that the allegation raises against the petitioner is serious in nature. Admittedly, the petitioner was taken into Police custody and nothing could be recovered, said to have been cheated. The amount cheated comes to Rs.13 lakhs approx. The grievance raises against the petitioner is that the petitioner cheated his employer by mis-appropriating Rs.13 lakhs approx. in course of his discharging duties as Accountant.

Having considered the submission of both sides and bearing in mind the period of last detention for about 45 days together with progress of investigation, further detention of the petitioner in the interest of investigation is not justified.

The prayer for bail is allowed.

Petitioner may find bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand) only with two sureties of Rs.5,000(Rupees five thousand) each with the condition that he will meet the Investigating Officer of this case, once in a fortnight till the investigation is over, subject to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri.

Accordingly, CRM 451 of 2021 stands disposed of. Copy of the C.D. be returned.

(Subhasis Dasgupta, J.)