Calcutta High Court (Appellete Side)
Siddharth Gupta vs Unknown on 22 March, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
C.R.M. (A) 815 of 2022 22.03.2022
Sl. 92 Court No.29 In Re: - An application for anticipatory bail under Section 438 of Sc/SD the Code of Criminal Procedure filed on 15.02.2022 in (Allowed) connection with Sankrail P. S. Case No. 1136 of 2021 dated 17.9.2021 under Sections 420/407/467/468/120B of the Indian Penal Code.
And In the matter of: Siddharth Gupta ....petitioner.
Mr. Sandipan Ganguly Mr. Sauvik Dere ...for the petitioner.
Mr. Rudradipta Nandy ...for the State.
Mr. Rana Mukherjee ...for the Defacto Complainant.
Petitioner seeks anticipatory bail. Learned advocate appearing for the petitioners submits that the police complaint arises out of a deed of partnership. There is another police complaint by the petitioner against the defacto complainant in relation to the same partnership filed with the same police station.
The State and the defacto complainant are represented. Learned advocate appearing for the State refers to the materials in the case diary.
Learned advocate appearing for the defacto complainant submits that the petitioner was caught red handed while trying to flee with the movables valued in excess of Rs.1.60 crores belonging to the firm.
Apparently, there are disputes between the private parties in relation to a partnership. Police complaint emanates out of such dispute.
Considering the gravity of offence and involvement of the petitioner therein and considering the fact that there is a civil 2 angle to the dispute between the private parties, we grant anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest, the petitioner shall 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner will report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on condition that the petitioner shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.
Accordingly, the prayer for anticipatory bail of the petitioner is allowed.
C.R.M. (A) 815 of 2022 is, thus, disposed of.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)