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Calcutta High Court (Appellete Side)

Indian Penal Code vs In Re: Utpal Ganguly on 23 December, 2024

23.11.2024
  08.
Ct. No. 28
  SG
[ALLOWED]
                              C. R. M. (A) 4459 of 2024

             In Re: An application for anticipatory bail under Section 482 of
             the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection
             with Rampurhat Police Station Case No. 160/ 2024 dated
             05.05.2024 under Sections 406///// of the
             Indian Penal Code.

                                               And
             In Re: Utpal Ganguly.
                                                            ... ... Petitioner

                     Ms. Minoti Gomes.
                                                     ... ... for the petitioner

                     Ms. Anasuya Sinha, ld. APP
                     Mr. Arani Bhattacharyya.
                                               ... ... for the State


             1.

Petitioner's mother had gifted her share in the joint property in his favour. A co-sharer has claimed title over the property. Accordingly, he prays for anticipatory bail.

2. Learned lawyer for the State contends petitioner's mother had no right, title or interest on the property. Through a fraudulent deed petitioner claimed ownership over the property and has entered into sale agreements with a number of persons. Being aggrieved, the owner has lodged the criminal case.

3. We have considered the materials on record. A gift deed was registered in favour of the petitioner in respect of the property in question. It is open to the complainant to seek cancellation of the gift deed in accordance with law. None of the intending purchasers have lodged complaint against the petitioner.

4. In this backdrop, we are of the opinion though custodial interrogation for progress of investigation is not necessary petitioner requires to cooperate with investigation in accordance with law.

5. Accordingly, we direct that in the event of arrest, the petitioner viz., Utpal Ganguly be released on bail upon furnishing a bond of Rs.10,000/-, 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 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition petitioner while on bail shall meet the investigating officer once in a week until further orders. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

6. The application for anticipatory bail is, thus, disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)