Arup Kumar Roy Vs the State of West Bengal — Cheating and Forgery | Calcutta HC (2024)

Arup Kumar Roy Vs the State of West Bengal — Cheating and Forgery | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, petitioner Arup Kumar Roy to be released on bail on furnishing a bond of Rs.20,000/- with two sureties of like amount each (one local), subject to satisfaction of the Arresting Officer, compliance with Section 438(2) CrPC conditions, weekly meetings with the Investigating Officer till filing of final report, restriction on leaving Kotwali Police Station jurisdiction without leave of the ACJM, Bolpur, Birbhum, and appearance before the CJM, Paschim Medinipur within two weeks; non-compliance results in automatic cancellation of anticipatory bail.

Issue for consideration

Whether anticipatory bail under Section 438 of the Code of Criminal Procedure should be granted to the petitioner Arup Kumar Roy in connection with Salboni Police Station Case No. 376 of 2022 under Sections 420/465/468/471/120B IPC, i.e., whether custodial interrogation of the petitioner is necessary.

Court's answer

On considering the materials available in the case diary, the nature of allegation and the involvement of the petitioner, together with his undertaking to cooperate with the investigation and produce all documents to the Investigating Officer, the Court held that custodial interrogation of the petitioner is not necessary.

Ratio / Principle

The Court directed that in the event of arrest, the petitioner Arup Kumar Roy shall be released on bail upon furnishing a bond of Rs.20,000/- with two sureties of like amount each (one of whom must be local), subject to the satisfaction of the Arresting Officer and to the conditions under Section 438(2) CrPC, 1973.

Key takeaways

Further conditions imposed: the petitioner shall meet the Investigating Officer once a week or as and when called for till submission of the final report, and shall not leave the jurisdiction of Kotwali Police Station without the leave of the learned Additional Chief Judicial Magistrate, Bolpur, Birbhum.ratio¶11
The petitioner shall appear before the learned Chief Judicial Magistrate, Paschim Medinipur within two weeks from date in connection with Police Station Case No. 376 of 2022; in the event of non-compliance of any condition, the anticipatory bail shall stand automatically cancelled without further reference to this Court.ratio¶11

Detailed headnote1 paragraphs

Anticipatory bail – Section 438 CrPC – Calcutta High Court allows prayer of Arup Kumar Roy in Salboni Police Station Case No. 376 of 2022 dated 01.12.2022 under Sections 420/465/468/471/120B IPC – applicant had complied with Section 41A Cr.P.C notice, submitted documents and cooperated with investigation – considering case-diary materials, nature of allegation, extent of involvement and undertaking to cooperate, custodial interrogation held unnecessary – direction that in the event of arrest petitioner be released on bond of Rs.20,000/- with two sureties of like amount each (one local), subject to Arresting Officer's satisfaction and Section 438(2) conditions – further conditions: weekly attendance before Investigating Officer till final report, no departure from Kotwali Police Station jurisdiction without leave of ACJM, Bolpur, Birbhum, appearance before CJM, Paschim Medinipur within two weeks – breach of any condition entails automatic cancellation of anticipatory bail without further reference to the Court.

02.07.2024 Court No.29 Item No. 06 Allowed

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CRM (A) 1874 of 2024

In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Salboni Police Station Case No. 376 of 2022 dated 01.12.2022 under Sections 420/465/468/471/120B of the Indian Penal Code.

And In Re: Arup Kumar Roy Petitioner Mr. Uday Prakash Shyamal Mr. Akash Dutta For the Petitioner Mr. Saibal Bapuli, Ld. APP Mrs. Shaila Afrin For the State

Learned APP appearing on behalf of the State has submitted that the applicant has complied with the notice under Section 41A Cr.P.C and submitted all documents and cooperated with the investigation.

Considering the materials available in the case diary, the nature of allegation and the involvement of the petitioner in the commission of the alleged offence and on an undertaking that the petitioner shall cooperate with the investigation and shall produce all the documents to the Investigating Officer pursuant to our earlier order, we are of the view that custodial interrogation of the petitioner is not necessary.

Accordingly, we direct that in the event of arrest, the petitioner namely, Arup Kumar Roy shall be released on bail upon furnishing a bond of Rs.20,000/-, with two sureties of like amount each, one of whom must be local, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner shall meet the Investigating

Signed By : AMITAVA ROY High Court of Calcutta 3 rd of July 2024 01:58:33 PM

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Officer once in a week or as and when called for till the submission of the final report and on further condition that the petitioner shall not leave the jurisdiction of Kotwali Police Station without the leave of the learned Additional Chief Judicial Magistrate, Bolpur, Birbhum and the petitioner shall appear before the learned Chief Judicial Magistrate, Paschim Medinipur within two weeks from date in connection with Police Station Case No. 376 of 2022. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J)

(Uday Kumar , J)

Signed By : AMITAVA ROY High Court of Calcutta 3 rd of July 2024 01:58:33 PM