Mantu Kumar Dutta vs Unknown on 19 April, 2017

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6. 19.04.2017 C.R.M. 3281 of 2017
Aloke Ct. No.28

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure filed on 18.04.2017 in connection with Habra P.
S. Case No. 1024/16 dated 14.12.2016 under Sections
420
/406/506/120B/34 of the Indian Penal Code.

And

In the matter of : Mantu Kumar Dutta

Bail Mr. Manjit Singh
Mr. Somnath Banerjee
… for the petitioner

Mr. Anwar Hossain
… for the State
Mr. Sabir Ahmed
… for the de facto complainant

It is submitted on behalf of the petitioner that he is in

custody for 25 days and the instant case is in retaliation to a

criminal case registered under Section 498A of the Indian Penal

Code by his daughter.

Learned counsel for the de facto complainant submits that

on the dishonest representation of the petitioner large sums of

monies were entrusted to him which he has been misappropriated.

Learned counsel for the State produces case diary and

opposes the prayer for bail.

I have considered the submissions of the respective parties.

It appears that there are case and counter case by and between the

petitioner and the de facto-complainant. The investigation of the

crime relates to transfer of funds through banks.

In view of the aforesaid facts and bearing in mind the period

of detention suffered by the petitioner, I am of the opinion that

further detention of the petitioner is not necessary in the facts and

circumstances of the case.

The petitioner shall be released on bail upon furnishing a
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bond of Rs.10,000/-(Rupees Ten Thousand only) with two sureties of

like amount each to the satisfaction of the learned Chief Judicial

Magistrate, Barasat, 24-Parganas subject to the condition that the

petitioner shall meet the Investigating Officer once in a week until

further orders and shall not intimidate witnesses or tamper with

evidence in any manner whatsoever.

The application for bail is, accordingly, allowed.

Urgent Photostat Certified copy of this order, if applied for, be

supplied expeditiously after complying with all necessary legal

formalities.

(Joymalya Bagchi, J.)

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