Calcutta High Court (Appellete Side)
Arun Kanti Ghosh vs Unknown on 1 March, 2016
Author: Aniruddha Bose
Bench: Aniruddha Bose
1 78 01.03.2016
CHC Court No.24 C.R.M. 776 of 2016 In re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 27th January, 2016 in connection with Nandigram Police Station Case No.294 of 2013 dated 18th September, 2013 under Sections 406/409/420/468/471/120B of the Indian Penal Code.
And In the matter of: Arun Kanti Ghosh ...petitioner Mr. Milon Mukherjee, Sr. Advocate Mr. Himadri Kumar Mahata ...for the petitioner Ms. Anusua Sinha ...for the State The petitioner is seeking bail in Nandigram Police Station Case No.294 of 2013 dated 18th September, 2013 relating to offences under Sections 406/409/420/468/471/120B of the Indian Penal Code.
Heard learned Advocates appearing for the petitioner and Bail the State.
Perused the Case Diary.
The case in connection with which the petitioner has been detained relates to allegation of criminal breach of trust pertaining to funds of Contai Cooperative Bank. the allegation is that heavy vehicle loan was advanced on the basis of fake 2 documents procured by nine accused persons, who have been named in the F.I.R. Altogether 10 persons by name or designation have been arraigned as accused in the F.I.R. and that includes the Branch Manager, U.B.I., Bagnan.
Involvement of the petitioner in the alleged offence, it is submitted on behalf of the State, is that he had helped opening the account in the said branch of U.B.I. through which the bank drafts obtained on the basis of fake documents were chanelled out, and proper verification process was not followed while opening the account. The petitioner at the material point of time was the Deputy Manager of U.B.I., at the said branch. The F.I.R. was registered on 18th September, 2013 and the alleged occurrence of the incident relate to the years 2011-2012.
Mr. Mukherjee, learned Senior Advocate appearing for the petitioner submits that none of the F.I.R. named accused persons barring the Branch Manager of the United Bank of India, Bagnan Branch has been detained. It is his further submission that the Officers of the bank who had issued the draft on the basis of fake documents have also not been detained. One of the beneficiaries of the alleged transaction, Jayashri Bera has been granted anticipatory bail by a Coordinate Bench of this Court. We enquired from the learned Counsel for the State the particulars of that proceeding and she 3 submitted that anticipatory bail was granted in C.R.M. 17225 of 2014 on 8th May, 2015.
Investigation in this case is continuing. On the basis of materials available, however, prima facie it appears to us that the main role in opening the account is ascribed to the Branch Manager. In this regard, we have been taken through page 339 of the Case Diary.
It is submitted on behalf of the State that in the verification document relating to opening of the account, there is signature of the petitioner but that fact is yet to be ascertained.
In the given circumstances, considering the fact that none of the alleged beneficiaries or the officers who had issued the drafts have not been taken into custody, we do not find any justification for continuing with detention of the petitioner. The petitioner is in custody since 10th December, 2015.
We, accordingly, direct that the petitioner be released on bail on furnishing bond of Rs.1,00,000/- (rupees one lakh) only, with four sureties of Rs.25,000/- (rupees twenty-five thousand) each, of whom two must be local having sufficient financial capacity, to the satisfaction of learned Additional Chief Judicial Magistrate, Haldia. Release of the petitioner on bail shall be subject to further condition that till investigation is complete, he 4 shall report to the Investigating Officer of the concerned Police Station twice a week and he shall not go outside the State of West Bengal without leave of the concerned Court.
The instant application for bail stands allowed in the above terms.
Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
(Aniruddha Bose, J.) (Sankar Acharyya, J.)