Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Sumit Kumar Giri on 3 August, 2016
Author: Patherya
Bench: Patherya
1 03. 08 .2016 C.R.M. 4826 of 2016. ALLOWED In the matter of An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 22nd June, 2016 in connection with Nandigram Police Station Case No. 395 of 2015 dated 28.9.2015 under Sections 493/376/420/406
/506 of the Indian Penal Code, corresponding to G.R. Case No. 1652 of 2015.
And In the matter of : Sumit Kumar Giri.
... Petitioner Mr. Ramdulal Manna Dr. Bishnupada Dutta For the Petitioner Mr. Saswata Gopal Mukherjee For the State Apprehending arrest in connection with Nandigram Police Station Case No. 395 of 2015 dated 28.9.2015 under Sections 493/376/420/406/506 of the Indian Penal Code, corresponding to G.R. Case No. 1652 of 2015, this application for anticipatory bail has been filed under Section 438 of the Code of Criminal Procedure.
Defence counsel submits that the petitioner is in no way involved in the offence alleged. He has been falsely implicated. The victim, who is the de-facto complainant, is an adult and married lady with an issue. Monies alleged to have been taken by the petitioner have already been returned to the de-facto complainant far in excess 2 of the amount borrowed. As Section 420 of the Indian Penal Code is a compoundable offence, therefore, orders be passed as sought.
Counsel for the State produces the case diary and takes us to the statement recorded under Section 164 of the Code of Criminal Procedure at page 32. The receipt of payment at page 72 and the fixed deposit created at page 73 of the case diary.
Having considered the submission of the parties and on scrutiny of the case diary, sufficient material exists to warrant grant of anticipatory bail to the petitioner, namely, Sumit Kumar Giri in the event of his arrest upon furnishing bond of Rs. 5,000/- with two sureties of Rs. 2,500/- each to the satisfaction of the arresting authority and subject to the conditions imposed under Section 438(2) of the Code of Criminal Procedure.
Accordingly, the prayer for anticipatory bail is allowed and the application is, thus, disposed of.
Certified copy of this order, if applied for, be given to the parties on priority basis.
( Patherya, J.) 3 ( Samapti Chatterjee, J. )