Calcutta High CourtCRM(A)/886/2024allowed

Vijay Sharma v. The State Of West Bengal

2024-11-28Hon'Ble Justice Shampa Sarkar,Hon'Ble Justice Partha Sarathi Chatterjee2 pages

28.11.2024 Item No.28 Court No.1 (GB) (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 886 of 2024 In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973/Section 482 of the B.N.S.S. 2023, in connection with Siliguri Police Station Case No.245 of 2024 dated 16.03.2024 under Sections 420/465/467/468/471/120B of the Indian Penal Code, 1908. And In the matter of: Vijay Sharma ....Petitioner.

Ms. Rima Sarkar, Ms. Sidhi Sethia ...for the Petitioner.

Mr. Kallol Acharjee, Ms. Sukanya Adhikary ... for the State.

1. This is an application for anticipatory bail filed by the petitioner. The petitioner had taken loan from the bank, upon deposit of title deed. The loan was sanctioned in 2019. The account turned NPA in 2021. In 2024, the bank lodged a complaint with the police alleging that the deed which was deposited by the petitioner, was defective. The complaint indicates that the actual measurement of the land was less than what was provided in the deed. Petitioner submits that the deed was accepted by the bank upon proper enquiry and verification.

2. Learned advocate for the State raises objection with regard to the prayer for anticipatory bail.

3. We have perused the documents, the complaint and the records. We, prima facie, find that the allegation is based on documentary evidence and custodial interrogation of the petitioner would not be necessary in this case. The dispute is over a loan granted by the bank upon deposit of title deed by petitioner.

4. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of equal amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The further condition is that the petitioner shall meet the Investigating Officer once a week, until further orders.

5. The application for anticipatory bail, being CRM (A) 886 of 2024 is, thus, disposed of.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Shampa Sarkar, J.) (Partha Sarathi Chatterjee, J.)