17.02.2025 Ct. No. 26 Item No.38 SB C.R.M. (DB) No. 3920 of 2024 In Re: - An application for bail under Section 439 of Code of Criminal Procedure / 483 of the B.N.S.S. 2023 in connection with Suri P.S. Case No. 309 of 2024 dated June 15, 2024, under Sections 406/420/467/468/120B of the IPC. In the matter of : Dipak Chakraborty ...… petitioner Mr. Saryati Datta Mr. Sanjib Kumar Dan Mr. Chitrak Biswas .…for the petitioner Mr. Debasish Roy Mr. Arijit Ganguly Mr. Koushik Kundu .…for the State 1. Petitioner prays for bail on the ground of period of detention as also the nature of incident involved. 2. Learned advocate appearing for the petitioner submits that the petitioner is a bona fide borrower of money. Police filed charge sheet. Therefore, further detention is not required. 3. Learned advocate for the petitioner relies upon an order dated November 6, 2024 passed in CRM(DB) 3330 of 2024 in which, a Co-ordinate Bench granted bail to another accused in a different Police case. He submits that the same principle should be applied. 4. Learned advocate appearing for the State submits that not only did the petitioner take loan after pledging gold which were subsequently found to be fake, but also the petitioner was instrumental in obtaining loan in the name of his wife, daughter and mother-in-law. He 2 submits that a sum in excess of Rs.1,14,00,000/- is due and payable on such account. Other co-accused are absconding. 5. Co-ordinate Bench granting bail to the accused in a different police case apparently, was not considering a situation where, co-accused were absconding and the accused therein obtained loan by pledging fake gold for himself and for his family members who are absconding. 6. In the facts and circumstances of the present case, it transpires that petitioner defrauded a lender by pledging fake gold and obtained loan in excess of Rs.1,14,00,000/- not only in his name but also in the name of his family members who are presently absconding. 7. Considering such facts and circumstances of the case we do not find any desirability to grant bail to the petitioner. 8. CRM (DB) No. 3920 of 2024 is rejected. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)