Allowed

Dilip Nandi v. State of West Bengal

Calcutta HC17 Feb 2023CRM (A)/661/2023

Case brief

AI extract

What is this about?

The court granted anticipatory bail to a petitioner involved in civil and criminal disputes. Finding civil issues paramount and no need for custodial interrogation, the court allowed the bail application conditioned upon furnishing a bond and appearing before authorities.

What did the court decide?

Prayer for anticipatory bail allowed; petitioner directed to be released on bail upon furnishing a bond of Rs. 10,000 with sureties subject to conditions.

Dilip Nandi Vs State of West Bengal — Cheating and Forgery | Calcutta HC (2023)

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17.02.2023 Serial no.03 [Dd] (Anticipatory bail) Allowed )

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CRM (A) 661 of 2023

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In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 1331 of 2022 dated 22.12.2022 under Sections 465/468/471/420/120B of the Indian Penal Code.

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-And-

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In the matter of : Dilip Nandi

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… … Petitioner

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Ms. Minoti Gomes, Mr. Amanul Islam,

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Mr. Sourav Mukherjee, Advocates

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… … For the Petitioner

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Mr. Tanmoy Kr. Ghosh, ld. SGA Ms. Sonali Bhar, Advocates … …For the State

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There is a civil suit pending between the private parties being Title Suit no. 217 of 2022 before the Court of learned Civil Judge, Senior Division at Ranaghat.

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The petitioner is a party defendant in such suit.

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An element of civil disputes is involved. Need for custodial interrogation of the petitioner is not felt.

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In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

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Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall report before the Investigating Officer as and when called for till the conclusion of

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the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

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Prayer for anticipatory bail of the petitioner is allowed .

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CRM (A) 661 of 2023 is disposed of .

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(Debangsu Basak, J.)

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(Md. Shabbar Rashidi, J.)

Dilip Nandi v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Dilip Nandi v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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