Dharamveer Singh v. State Of West Bengal

21.09.2022 Serial no. 01 [Dd] (Anticipatory bail) Allowed)

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRM (A) 564 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Sadar Police Station Case No. 91 of 2022 dated 15.07.2022 under Sections 420/408 of the Indian Penal Code (G.R. Case No. 181 of 2022) -AndIn the matter of : Sri Dharamveer Singh ... ... Petitioner Mr. Pawan Kr. Gupta, Ms. Sofia Nesar, Advocates ... ... For the Petitioner Mr. Aditi Shankar Chakraborty, ld. APP Mr. Sourav Ganguly, Mr. Biswarup Roy, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the police complaint revolves around a business transaction. He refers to the agreement in writing. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that the petitioner did not respond to the notices issued under Section 41A of the Criminal Procedure Code. Apparently there are civil disputes between the private parties. There is an agreement in writing between the private parties.

In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall 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 further condition that the petitioner shall report before the Investigating Officer as and when called for till the conclusion of the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 564 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)