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2025 DAILYLAW 4964 (CAL)

SUVENDU GHOSH @ SHUBENDU GHOSH @ GOPAL v. THE STATE OF WEST BENGAL

CRM (A)/101/2025 · 2025-02-05

Joymalya Bagchi, Subhendu Samanta

body2025

Judgment text

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17. 17. 05.02.2025 05.02.2025 Ct. No. 28 (ARPAN) (ALLOWED) C.R.M. (A) 101 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Baranagar Police Station Case No. 34 of 2021 dated 17.01.2021 under Sections 420/120B/406/463/467/468/34 of IPC, 1860; And In Re: Suvendu Ghosh @ Shubendu Ghosh @ Gopal … Petitioner Mr. Niladri Sekhar Ghosh Ms. Labani Sikder Mr. Souvik Dey …for the Petitioner Ms. Faria Hossain, APP Mr. Dipankar Mahato …for the State 1. Petitioner contends he had resigned from the defacto complainant’s firm in 2018. Three years late the criminal case has been filed alleging that he had misappropriated raw gold. In view of the aforesaid submission, we directed the petitioner to cooperate with the investigation. Learned counsel for the petitioner submits he has handed over the documents with regard to transactions in raw gold. He further contends none of the jewellers had alleged that there was shortfall in respect of gold supplied to the petitioner. 2. On the other hand, learned counsel for State submits report and contends raw gold received from some of the jewellers, namely, M.P. Jewellers at Kankurganchi and Jorasanko had not been accounted for. 3. We have considered the materials on record. We have gone through the documents showing issuance of raw gold and receipt of finished products by the jewellers. There may be some mismatch in the quantity of gold issued and the receipts of the jewellers in the records. However, no material is placed on record to show any of the 2 jewellers had complained with regard to misappropriation of raw gold vis-à-vis finished products supplied to them. This aspect requires to be thrashed out at the appropriate stage of the proceedings. Documents relevant to investigation have already been assessed. Custodial interrogation for progress of investigation is not necessary. Accordingly, we are inclined to grant anticipatory bail. 4. Accordingly, we direct that in the event of arrest, the petitioner viz., Suvendu Ghosh @ Shubendu Ghosh @ Gopal be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 5. The application for anticipatory bail is, thus, disposed of. (Subhendu Samanta, J.) (Joymalya Bagchi, J.)