Goutam Dutta v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 15.12.2023 Sl. No.25 [ALLOWED] as C. R. M. (A) 1017 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Haldibari Police Station Case No. 264 of 2023 dated 17.10.2023 under Sections 406/409/420/120B of the Indian Penal Code read with Section 7(i)(a)(ii) of the Essential Commodities Act, 1955.

In Re: Goutam Dutta.

... ... Petitioner Mr. Arjun Chowdhury, Ms.P. Dutta Chowhury, Ms. Riya Agarwal.

... ... for the petitioner Mr. Nilay Chakraborty, Mr. Kallol Nag.

... ... for the State 1.

Petitioner is the son of the ration dealer. He contends he is in no way connected with the business of his father. He prays for anticipatory bail.

2.

Learned Advocate for the State opposes the prayer for anticipatory bail.

3.

We have considered the materials on record. Allegations involve shortage of stock in the fair price shop standing in the name of the father of the petitioner. There is nothing on record to show petitioner had played any role in the affairs of the said business. 4.

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

5.

Accordingly, we direct that in the event of arrest, the petitioner Goutam Dutta 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

6.

The application for anticipatory bail is, thus, disposed of. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)