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Calcutta High CourtCRM(A)/358/2022allowed

Partha Das@Parth Kumar Das v. The State Of West Bengal

2022-07-15Hon'Ble Justice Ananda Kumar Mukherjee,Hon'Ble Justice Rajasekhar Mantha2 pages

15.07.2022 Court No.1 SL No.11 pk/AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM(A) 358 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Matigara P.S. Case No.817 of 2020 dated 07.08.2020 under Sections 406/420/465/468/471/34 of the Indian Penal Code. And In the matter of: Partha Das @ Parth Kumar Das ....Petitioner.

Ms. Namrata Das ...for the petitioner.

Mr. Ujjwal Luksom Mr. Aniruddha Biswas ...for the State.

Application for anticipatory bail is filed on the ground that FIR has been registered on August 2020 yet no charge-sheet has been filed. The disputes between the parties are purely civil in nature and the petitioner is alleged to have introduced certain persons to facilitate the transaction between the parties. There is also civil suit pending.

Counsel for the State opposes the prayer for anticipatory bail and produces the case diary.

Having considered the materials on record and the case diary and as the disputes between the parties are civil in nature and as there is no substantial progress in the investigation, we are inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- 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 further conditions that the petitioner shall meet the investigating officer once in a week until further orders and he shall appear before the court below and pray for regular bail within a fortnight from date. The application for anticipatory bail being CRM(A) 358 of 2022 is, thus, disposed of.

(Rajasekhar Mantha, J.) (Ananda Kumar Mukherjee, J.)