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Calcutta High Court (Appellete Side)

323/413/420/354B/386/468 Of The ... vs In Re:- Samiran Mondal on 9 August, 2018

1 .2018 owed b.

CRM No. 5615 of 2018 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 2.8.2018 in connection with Barabani Police Station Case No. 48/18 dated 23.5.2018 for alleged offence punishable under Sections 323/413/420/354B/386/468 of the Indian Penal Code.

And In Re:- Samiran Mondal ... Petitioner Mr. Avik Ghatak, Advocate Mr. Rakesh Poddar, Advocate .. for the petitioner Mr. Swapan Banerjee , Advocate Mr. Suman De, Advocate ..for the State The petitioner seeks anticipatory bail in connection with Barabani Police Station Case No. 48/18 dated 23.5.2018 for alleged offence punishable under Sections 323/413/420/354B/386/468 of the Indian Penal Code. The petitioner says that the allegation of the defacto complainant is that the defacto complainant gave a sum of Rs. 1 lakh and odd to the petitioner for preparing certain papers and the petitioner has cheated the defacto complainant of such amount.

The State produces the case diary.

It does not appear that the complaint indicated what documents ought to be prepared and for what purpose.

On an overall consideration of the material, there would not be any need to detain the petitioner.

1 2 Accordingly, in the event of arrest, the petitioner will be granted bail upon furnishing a security of Rs.10,000/- (Rupees ten thousand only), with two sureties of Rs.5,000/- (Rupees five thousand only) each, one of whom must be local, to the satisfaction of the Arresting Officer, subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. In addition, the petitioner will also report to the Investigating Officer at such time and place as may be specified by the concerned police officer.

The petition for anticipatory bail is allowed subject to the conditions as indicated above.

A certified copy of this order be immediately made available to the petitioner subject to compliance with all requisite formalities.

(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. ) 2