Sajjan Kumar Agarwal v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 31.08.2023 Item no.21 Court No.01 Avijit Mitra CRM (A) 719 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re : Sajjan Kumar Agarwal .... Petitioner Mr. Joydeep Kanta Bhowmik, Mr. Sayantan Bhowmik, Ms. Rikta Sarkar ....for the petitioner Mr. Abhijit Sarkar, Mr. Dhiman Sil ...... for the State Apprehending arrest in connection with Rajganj Police Station Case No.504 of 2022 dated 22.09.2022 under Sections 406/419/420/120b/34 of the Indian Penal Code, the present application has been preferred.

Mr. Bhowmik, learned advocate appearing for the petitioner submits that the petitioner has no nexus with the alleged offence. The de facto complainant lodged the complaint stating inter alia that some persons allured him to execute a power of attorney in their names to sell some properties located within the jurisdiction of Rajganj Police Station. Subsequently the complainant cancelled the said power of attorney. The petitioner herein purchased a portion of the land on the basis of

a deed executed by the said power of attorney holders. The said deed executed has also subsequently been cancelled. In the said conspectus, the petitioner's custodial interrogation is not necessary.

Mr. Sarkar, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary.

Prima facie, the documents on record do not reveal the petitioner's involvement in the alleged offence. Considering the nature of accusations and the possible extent of complicity of the petitioner in the alleged offence, we are of the opinion that his custodial interrogation is not necessary. Accordingly, we direct that in the event of arrest, the petitioner namely, Sajjan Kumar Agarwal be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

It is further directed that the petitioner shall not tamper with the evidence or intimidate the witnesses. The application for anticipatory bail CRM (A) 719 of 2023 is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Lapita Banerji, J.) (Tapabrata Chakraborty, J.)