Extracted from the PDF above. The PDF is authoritative.
16.01.2025 7 sdas Allowed
C.R.M. (A) No. 4391 of 2024
In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Bowbazar Police Station Case No. 212 of 2024 dated 25.09.2024 under Sections 61(2)/314/316(2)/318(4)/336(2)/ 336(3)/338/340(2) of the Bharatiya Nyaya Sanhita. And In Re : Milan Agarwal & Anr. ….. petitioners
Mr. Sandip Chakraborty Mr. Somnath Sarkar Mr. Dattatreya Dutta ..…for the petitioners
Ms. Minoti Gomes Mr. Aslam Pervez .…for the State
Mr. Sandipan Ganguly, Sr. Adv. Mr. Rajdeep Mazumdar, Sr. Adv. Mr. Ayan Bhattacharjee, Sr. Adv. Mr. Sidhartha Sharma Mr. Rishav Dutt Mr. Md. Danish Taslim …. for de facto complainant
1.
Learned Counsel for the petitioners submits they handed over the documents to the investigating agency. They are ready and willing to co-operate with investigation. Accordingly they pray for anticipatory bail.
2. Learned Senior Counsel for the de facto complainant opposes the prayer for anticipatory bail and Signed By :
SHANTANU DAS High Court of Calcutta 17 th of January 2025 03:54:19 PM
2 submits petitioners had not paid the price of iron bars supplied to them.
3.
Learned Counsel for the State submits investigating agency issued notice upon the petitioners and they supplied the necessary documents for verification.
4. We have considered the materials on record. Petitioners’ firm had business relationship with the de facto complainant’s company for the last six years. Gist of the allegations in the FIR is that the petitioners’ firm had not made payments in respect of consignments of iron bars supplied to them. Prima facie allegation at its height would disclose breach of contractual obligations. Petitioners have supplied relevant documents with regard to the transaction to the investigating agency. Verification of the documents would not require custodial interrogation. Under such circumstances, we are inclined to grant anticipatory bail to the petitioners subject to conditions.
5. Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- 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 482(2) of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner no. 1 shall meet the investigating officer as and when necessary until further orders. They shall appear before the Signed By :
SHANTANU DAS High Court of Calcutta 17 th of January 2025 03:54:19 PM
3 jurisdictional court and pray for regular bail within a period of four weeks from date.
6. The application for anticipatory bail is, thus, allowed.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :
SHANTANU DAS High Court of Calcutta 17 th of January 2025 03:54:19 PM