Sanjay Ghosh @ Sanjoy Ghosh And Another v. State Of West Bengal

02.06.2022 (Vacation) SL No.5 Ct. 5 Saswata (Allowed)

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRM (A) 283 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Siliguri P.S. Case No. 1423/2021 dated 19.12.2021 under Sections 406/420/465/468/471/120(B) of the Indian Penal Code 1860. And In the matter of: Sanjay Ghosh @ Sanjoy Ghosh & Anr. ....Petitioners Mr. Sayan De Mr. Kanjilal Sayan Mr. Koustuv Shome Ms. Esha Acharyya ...for the Petitioners Mr. Niloy Chakraborty Mr. Tapan Bhattacharjee ...for the State Learned counsel for the petitioners submits as follows. The petitioners are the brothers of the de facto complainant in this case. It was alleged that some money was kept in a joint bank account held by the parents of the present petitioners. The mother died and the younger son was inducted as an account holder. Being aggrieved, the sister instituted the present case. A Civil suit is also pending in this regard.

Learned counsel on behalf of the State opposes the prayer and submits that a prima facie case is made out against the petitioner.

Considering the fact that the allegations primarily give an inkling of a civil dispute between siblings, we do not think that

custodial interrogation of the present petitioners is required in this case.

The prayer for anticipatory bail is, accordingly, allowed. Accordingly, we direct that in the event of arrest, the petitioners namely, Sanjay Ghosh @ Sanjoy Ghosh & Saikat Ghosh shall be released on bail upon furnishing a bond of 5,000/- (Rupees Five thousand only) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer.

(Jay Sengupta, J.) (Sugato Majumdar, J .)