Calcutta High Court (Appellete Side)
Raju Arya vs The State Of West Bengal on 19 December, 2018
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 Serial No.355(M/L). December 19, 2018. SG Allowed CRM 8941 of 2018 In Re. An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
In the matter of:
Raju Arya
-versus-
The State of West Bengal Mr I. Adhikari ... for the petitioner.
Mr Debajyoti Deb ... for the State.
The petitioner seeks anticipatory bail in connection with Shakespeare Police Station Case No.337 of 2017 dated November 25, 2017 under Sections 489A/489E/120B of the Indian Penal Code.
The complaint against the petitioner is that out of several currency notes deposited by the petitioner in RBL Bank, some were found to be counterfeit.
The State is represented and says that a notice has been issued to the petitioner under Section 41A of the Code and the petitioner should cooperate with the investigation.
Considering the nature of the charge and the fact that the complaint may have been lodged long after the deposit was made, there is no immediate need for the petitioner to be taken into custody as long as he cooperates with the investigation.2
Accordingly, in the event of arrest, the petitioner is directed to be released on bail upon furnishing bonds 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 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, till the investigation is completed.
The petition for anticipatory bail is allowed on the conditions indicated above.
A certified copy of this order be immediately made available to the petitioner, subject to compliance with all requisite formalities.
( Sanjib Banerjee, J. ) ( Suvra Ghosh, J. ) 3