Premlata Dahiya Vs State of West Bengal — Cheating and Forgery | Calcutta HC (2024)

Premlata Dahiya Vs 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, the petitioner to be released on bail upon furnishing a bond of Rs.25,000/- with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to conditions under Section 438(2) CrPC; petitioner to cooperate with investigation and appear before the learned Additional Chief Metropolitan Magistrate, Calcutta in G.R. Case No. 1142 of 2023 within two weeks; application disposed of.

Issue for consideration

Whether the petitioner, Premlata Dahiya (wife of principal accused Jagdish Dahiya), is entitled to anticipatory bail under Section 438 CrPC in connection with Posta Police Station Case No. 146 of 2023 under Sections 420/120 IPC.

Court's answer

Having considered the materials in the case diary, the nature and extent of the petitioner's complicity, and the fact that the principal accused has already been enlarged on bail, custodial interrogation of the petitioner is not necessary.

Ratio / Principle

In the event of arrest, the petitioner shall be released on bail on a bond of Rs.25,000/- with two sureties of like amount each (one of whom must be local), to the satisfaction of the Arresting Officer, subject to the conditions under Section 438(2) CrPC; she shall cooperate with the investigation and appear before the learned Additional Chief Metropolitan Magistrate, Calcutta in G.R. Case No. 1142 of 2023 within two weeks.

Key takeaways

The prayer for anticipatory bail is allowed and CRM (A) 576 of 2024 is disposed of.ratio¶13

Detailed headnote1 paragraphs

Anticipatory bail - Section 438, Code of Criminal Procedure - Alleged offence under Sections 420/120, Indian Penal Code (Posta Police Station Case No. 146 of 2023, G.R. Case No. 1142 of 2023) concerning receipt of over Rs. 2.35 crore as business loan - Petitioner, wife of the principal accused, pleaded false implication; the State pointed to her complicity - Principal accused already enlarged on bail - Held, custodial interrogation of the petitioner not necessary; anticipatory bail granted on a bond of Rs. 25,000/- with two like sureties (one local), subject to Section 438(2) conditions, with directions to cooperate with the investigation and to appear before the learned Additional Chief Metropolitan Magistrate, Calcutta within two weeks - Application allowed and disposed of.

05.07.2024 Court No.29 Item No. 13

Allowed

sg CRM (A) 576 of 2024

In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Posta Police Station Case No. 146 of 2023 dated 28.10.2023 under Sections 420/120 of the Indian Penal Code, pending before the learned Additional Chief Metropolitan Magistrate, Calcutta.

And In Re: Mrs. Premlata Dahiya Petitioner Mr. Pawan Kumar Gupta Mr. S. Nesar Mr. Santanu Sett For the Petitioner Mr. Shekhar Barman For the State Mr. Sabyasachi Chatterjee Mr. Pintu Karan Mr. Akashdeep Mukherjee Mr. Sabab Uddin Laskar For the defacto complainant 1. The petitioner is the wife of Jagdish Dahiya against whom allegations have been made that he along with Aditya Dahiya has received a sum over Rs.2.35 crore between 2021-22 as business loan from the de-facto complainant.

The learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the instant case.

The learned Counsel for the State has produced the case diary, first information report and few bank statements and submits that the petitioner is involved as well.

The learned Counsel for the de-facto complainant submits that the de-facto complainant has been cheated.

Signed By : SANJIB GHOSH High Court of Calcutta 5 th of July 2024 05:36:14 PM

2

Considering the materials available in the case diary, nature and extent of complicity and involvement of the petitioner in the commission of alleged offence and having regard to the fact that the principal accused has already been enlarged on bail, we are of the view that custodial interrogation of the present petitioner is not necessary.

Accordingly, we direct that in the event of arrest the petitioner namely, Premlata Dahiya , shall be released on bail upon furnishing a bond of Rs.25,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and the petitioner shall cooperate with the investigation. The petitioner shall appear before the learned Additional Chief Metropolitan Magistrate, Calcutta, in connection with G.R. Case No. 1142 of 2023 within two weeks from date.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 576 of 2024 is, thus, 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.)