Sujit Moitra v. State Of West Bengal

02.01.2020 Sl No.43 AP CRM 12394 of 2019 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 23.12.2019 in connection with Dhupguri P.S. Case No. 112 of 2019 dated 03.04.2019 under Sections 406/409/420/34 of the Indian Penal Code.

And In Re: Sujit Moitra ... ... Petitioner.

Ms. Jeenia Rudra, Mr. Anirban Banerjee ... for the petitioner.

Mr. Shiladitya Banerjee ... ... for the State.

It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail. We have perused the letter of mutual settlement dated 23.05.2019 at page 11 of the case diary written by Jotish Chandra Roy disclosing refund of entire amount. Under these circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 condition that the petitioner shall appear before the court below and pray for regular bail within a period of four weeks from date.

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