Calcutta High Court
CRM/11274/2020 of TAPAS GAIN Vs State of West Bengal on 31 December 2020
rrc/ss CRM 11274 of 2020 (via Video Conference) In re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Electronic Complex PS Case No. 19/2020 dated 06.03.2020 under Sections 420/406/467/468/471/120B of the Indian Penal Code. In the
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9 31.12.2020 rrc/ss
CRM 11274 of 2020
(via Video Conference)
In re : An application for anticipatory bail under Section 438 ofthe Code of Criminal Procedure in connection with ElectronicComplex PS Case No. 19/2020 dated 06.03.2020 under Sections420/406/467/468/471/120B of the Indian Penal Code.
In the matter of : Tapas Gain
….. petitioner
Mr. Kamalesh Chandra Saha
….For the petitioner
Mr. Rana MukherjeeMr. Pradipto Ganguly
…..For the State
Mr. Sandip Prasad Shaw
….For the de-facto complainant
Learned counsel appearing on behalf of the petitionersubmits that a settlement has been arrived at in connection witha transaction made for transferring land and the petitioner hasbeen falsely implicated in a criminal case. Such contention of thepetitioner has been disputed by learned counsel representing thede-facto complainant.
Learned counsel appearing for the State has produced beforeus the case diary in order to impress upon us that the offenceinvolved in the present case warrants rejection of the applicationfor anticipatory bail.
During the course of hearing it has been brought to ournotice that an order was passed by the Additional Chief JudicialMagistrate, Bidhannagar on 21[st] March, 2020, whereby one ofthe co-accused had been granted bail on the basis of amicablesettlement between the parties.
Since one of the co-accused is enlarged on bail and there hasapparently been an amicable settlement which, has beenrecorded in the order dated 21[st] March, 2020 by the learnedcourt below, we are inclined to grant anticipatory bail in favourof the petitioner.
Accordingly, we direct that in the event of arrest thepetitioner, namely, Tapas Gain, shall be released on bail uponfurnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only)with two sureties of like amount of each to the satisfaction of thearresting officer and subject to the condition as laid down underSection 438(2) of the Code of Criminal Procedure, 1973. Inaddition, the petitioner will attend the office of the investigatingofficer once a week for facilitating the process of investigationand he shall not intimidate the witnesses and/or tamper withthe evidence during the pendency of the criminal proceeding.
CRM 11274 of 2020 is, accordingly, allowed.
Urgent certified copy of this order, if applied for, be handedover to the parties on the usual undertaking.
(Saugata Bhattacharyya, J.)(Sabyasachi Bhattacharyya, J.)