Amiya Sardar Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2024)

Amiya Sardar Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Amiya Sardar: release on arrest upon furnishing a bond of Rs. 20,000/- with two sureties of like amount each (one local), subject to the Arresting Officer's satisfaction, Section 438(2) CrPC conditions and additional conditions (weekly reporting to the Investigating Officer until the final report; no departure from Sonarpur Police Station jurisdiction without the Investigating Officer's leave until the final report; appearance before the Chief Metropolitan Magistrate, Calcutta within two weeks; surrender of passport or affidavit to that effect); non-compliance automatically cancels the anticipatory bail.

Issue for consideration

Whether anticipatory bail under Section 438 of the Code of Criminal Procedure should be granted to the petitioner Amiya Sardar in connection with Shakespeare Sarani Police Station Case No. 145 of 2023 / G.R. Case No. 1007 of 2023 under Sections 120B/420/406/467/468/471 IPC. +1 more

Court's answer

Although the de-facto complainant and the State alleged that the petitioner formed part of a racket, the Court could not find anything substantial against the petitioner in the case diary as of now.

Ratio / Principle

Having regard to the materials in the case diary, the petitioner's undertaking to cooperate with the investigation, and the fact that the dispute is between the parties, custodial interrogation of the petitioner is not necessary.

Key takeaways

In the event of arrest, the petitioner is to 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 compliance with the conditions under Section 438(2) CrPC, together with further conditions: meeting the Investigating Officer once a week and cooperating with the investigation until submission of the final report; not leaving the jurisdiction of Sonarpur Police Station without the Investigating Officer's leave until the final report; appearing before the learned Chief Metropolitan Magistrate, Calcutta within two weeks in connection with G.R. Case No. 1007 of 2023; and surrendering the passport, or filing an affidavit if he has none. Non-compliance with any condition causes the anticipatory bail to stand automatically cancelled without further reference to this Court.ratio¶11
The prayer for anticipatory bail of the petitioner is allowed and the application is disposed of accordingly.ratio¶12

Detailed headnote1 paragraphs

CRM(A) 936 of 2024 (High Court of Calcutta, Soumen Sen and Uday Kumar, JJ.), decided 02.07.2024: Anticipatory bail application of Amiya Sardar under S. 438 CrPC in respect of Shakespeare Sarani Police Station Case No. 145 of 2023 dated 30.08.2023, corresponding to G.R. Case No. 1007 of 2023 (Ss. 120B/420/406/467/468/471 IPC), ALLOWED. Although the de-facto complainant and the State opposed the prayer alleging that the petitioner formed part of a racket, the Court found nothing substantial against him in the case diary; treating the matter as a dispute between the parties and noting his undertaking to cooperate with the investigation, it held custodial interrogation unnecessary. Bail ordered on a bond of Rs. 20,000/- with two sureties of like amount each (one local), subject to S. 438(2) CrPC conditions plus: weekly meetings with the Investigating Officer until the final report, confinement to Sonarpur Police Station jurisdiction absent the Investigating Officer's leave, appearance before the Chief Metropolitan Magistrate, Calcutta within two weeks, and surrender of the passport (or affidavit if none); breach of any condition entails automatic cancellation of the anticipatory bail.

02.07.2024 Court No.29 Item No. 02 Allowed

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CRM (A) 936 of 2024

In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Shakespeare Sarani Police Station Case No. 145 of 2023 dated 30.08.2023corresponding to G.R. Case no. 1007 of 2023under Sections 120B/420/406/467/468/471 of the Indian Penal Code. And In Re: Amiya Sardar Petitioner Mr. Pawan Kumar Gupta Mr. Dibayan Banerji Mr. Abhijit Roy Chowdhury Mr. Nayan Biswas For the Petitioner Mr. P.K. Dutta Mr. Asif Dewan For the State Mr. Sumeet Chowdhury Mr. Mohit Gupta Mr. Sneha Dutta For the De-facto Complainant

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the instant case. It is submitted that the documents would show that the petitioner has paid E.M.I notwithstanding allegations have been made by the de-facto complainant that he has forged the documents.

Learned counsel for the de-facto complainant and the State in opposing the prayer for anticipatory bail has submitted that the petitioner involved part of a racket. However, we could not find any substantial in the case diary as of now.

Considering the materials available in the case diary and the learned counsel for the petitioner submits that the petitioner shall cooperate with

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

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the investigation and having regard to the fact that the dispute is between the parties, 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, Amiya Sardar 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 Officer once in a week and cooperate with the investigation till the submission of the final report and on further condition that the petitioner shall not leave the jurisdiction of Sonarpur Police Station without the leave of the Investigating Officer till the submission of the final report and the petitioner shall appear before the learned Chief Metropolitan Magistrate, Calcutta within two weeks from date in connection with G.R Case No. 1007 of 2023 and on further condition that the petitioner shall surrender the pass-port and in the event the petitioner does not have the pass-port, he shall file an affidavit to that effect. In the event of noncompliance 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

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