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Judgment
Apprehending arrest in connection with Durgapur Police Station Case No. 55 of 2021 dated 2 nd February, 2021 under Sections
420/467/468/471/323/354/506/34/120B of the Indian Penal Code, 1860, the petitioner has filed the present application.
Mr. Roy, Learned Advocate appearing for the petitioner submits that the petitioner is aged about 69 years and he is residing in the concerned property
on the basis of an agreement executed in his favour on 13 th November, 2007 by one Sunity Kumar Sarkar. The petitioner herein lodged a complaint
on 22nd January, 2021 alleging that the son of Sunity Kumar Sarkar along with others entered into his property and assaulted him. In view of such
assault the petitioner was hospitalized. On 27th January, 2021 another complaint was lodged by the petitioner's wife reporting that her family members
had been again assaulted.
He further submits that thereafter on 2 nd February, 2021 a complaint was lodged by the de facto complainant stating, inter alia, that she had been
handed over an appointment letter by the petitioner upon payment of an amount of Rs. 6 lakhs. The said document, according to the de facto
complainant, was however, found to be a fake and forged document.
He further submits that the allegations contained in the said complaint are absolutely unfounded and as there is no incriminating material against the
petitioner, his custodian interrogation/detention is not necessary.
Mr. Sur, Learned Advocate appearing for the State opposes the petitioner's prayer and draws our attention to the purported offer of appointment letter
dated 26 th December, 2020 which do not contain the signature of the issuing authority. He has also drawn our attention to the statement of the de
facto complainant as recorded under Section 161 of the Code of Criminal Procedure.
Records, prima facie, reveal that the de facto complainant had lodged the complaint subsequent to the complaints lodged by the petitioner and his wife.
Considering the nature of allegations, the extent of complicity of the petitioner and his age we are of the opinion that custodial interrogation/detention is
not warranted in the facts and the circumstances of the case.
Accordingly, we direct that in the event of arrest, the petitioner, namely, Sunil Ghosh @ Sunil Kumar Ghosh shall be released on anticipatory bail upon
furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and
subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 with a further condition that the petitioner shall
meet with the Investigating Officer once a week on and from 2 nd June, 2021 until further orders.
Accordingly, the application for anticipatory bail being CRM No. 2832 of 2021 is disposed of.
All Parties shall act on the server copies of this order duly downloaded from the official website of this Court.