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2026 DAILYLAW 7898 (CAL)

DEBABRATA SAMANTA AND ANR. v. STATE OF WEST BENGAL

CRM (A)/412/2026 · 2026-02-27

Jay Sengupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27.02.2026 Court No.28 Item No.26 ssi CRM (A) 412 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Moyna Police Station Case No. 332 of 2025 dated 21.11.2025 under Sections 316(2)/316(5)/318(4) of the BNS, 2023. And In the matter of: Debabrata Samanta & another. …. Petitioners Mr. Sabyasachi Chatterjee Mr. Akashdeep Mukherjee Mr. Soumyadeep Nag Mr. Satyam Pandey …for the petitioners Mr. Iqbal Kabir Ms. Suruchi Saha ..for the State Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners were the employees of a Finance Company. They are supposed to collect EMIs from small borrowers. It is alleged that between April 2024 and March 2025, they had collected a total sum of Rs. 24 lakhs and odd from such borrowers, but did not deposit them with the company. The FIR was lodged only after the petitioners had left the company. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He files a chart of the amounts embezzled in respect of 14 numbers of small borrowers. The same is taken on record. He refers to the statements of the witnesses and to the bank documents, which too supported the allegation that the accused had been taken money from the borrowers to deposit them with the company, but did not deposit them. In fact, in such cases, they have issued false receipts that the account was closed. 2 Considering the above and the other incriminating materials available in the case diary, I do not consider that this is to be a fit case for granting anticipatory bail. Accordingly, the application for anticipatory bail of the petitioners is rejected. The presence of the I.O. is noted and is dispensed with. (Jay Sengupta, J.)