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Calcutta High Court (Appellete Side)

CRM/2085/2019 on 8 July, 2019

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08.07.2019

Sl. No.24 AP CRM 2085 of 2019 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 19.02.2019 in connection with Electronics Complex Police Station Case No. 73 dated 17.07.2017 under Sections 418/420/406 of the Indian Penal Code which corresponds to G.R. Case No.496 of 2017.

In Re: Prasun Biswas & Ors.

... ... Petitioners Mr. S. Ganguly, Sr. Adv., Mr. R. Kumar ... for the Petitioner.

Ms. Debajyoti Deb ... for the State.

Mr. Somopriyo Chowdhury, Mr. Avishek Bhandari ... for the de facto complainant.

Report is placed on record wherefrom it appears that 14337 Hathway set top boxes have been recovered by the investigating agency.

Learned Advocate for the de facto complainant submits that there are further set top boxes and other equipments still lying with the petitioners.

This, however, is denied and disputed by the petitioners. Having considered the materials on record and bearing in mind the nature of allegations and as a substantial number of set top boxes have already been recovered, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand 2 only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall meet the investigating officer once in a week until further orders and on condition that the petitioners shall appear before the court below and pray for regular bail within a period of four weeks from date.

The application for anticipatory bail is, thus, disposed of. (Manojit Mandal, J.) (Joymalya Bagchi, J.)