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2025 DAILYLAW 37821 (CAL)

JAY SINGH RAJPUT v. STATE OF WEST BENGAL

CRM (A)/3020/2025 · 2025-09-18

Jay Sengupta

body2025

Judgment text

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18.09.2025 Court No.28 Item No.55 tbsr Allowed CRM (A) 3020 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Binpur P.S. Case No.96 of 2025 dated 01.08.2025 under Sections 316(5)/316(2) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Jay Singh Rajput ….Petitioner. Mr. Soumyajit Das Mahapatra Ms. Madhurai Sinha Ms. Upasana Banerjee …for the petitioner. Mr. Debasish Roy Mr. Pravas Bhattacharya Mr. Soumya Basu Roy Chowdhuri …..for the State. Learned counsel appearing on behalf of the petitioner submits as follows. There was a physical shortage of cash in a bank contrary to records. The Deputy Manager of the Bank lodged an FIR pointing fingers at the present petitioner. However, surprisingly the cash in question was replenished by the former Manager although a charge of the defalcation has been brought against the present petitioner. The petitioner complied with the notice served by the Investigating Officer. Learned Public Prosecutor representing the State opposes the prayer for anticipatory bail. He relies on the case diary including on the letter of admission of guilt executed by the present petitioner. However, he submits that surprisingly the alleged defalcated amount was replenished by the earlier Branch Manager. 2 Considering the materials available in the case diary and the fact that cash was purportedly replenished by another person and the fact that the petitioner responded to the notice issued by the Investigating Officer, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, 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 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner shall cooperate with investigation, shall not threaten or intimidate witnesses and shall meet the I.O. once a fortnight till submission of report in final form. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)