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Judgment
23 paragraphs · 457 wordsHeard the parties through video conferencing. Learned counsel for the petitioner undertakes to remove the defects pointed out by the stamp reporter
within two weeks after the lockdown is over.
In view of personal undertaking given by the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the
present.
Apprehending his arrest in connection with Littipara P.S. Case No.37 of 2020 instituted under Sections 188, 406,409,420 and 34 of the Indian Penal
Code, the petitioner have moved this Court for grant of privileges of anticipatory bail.
Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner being middleman along with co-
accused person shown expenditure of Rs.1,38,128/- whereas the estimated cost of the work done appears to be only Rs.50,000/- to 60,000/-. It is next
submitted by learned counsel for the petitioner that the allegations against the petitioner are false. It is further submitted by learned counsel for the
petitioner that the co- accused is the main person who is liable for the allegations made. It is lastly submitted that the petitioner is ready and willing to
co-operate with the investigation of the case and to deposit Rs.30,000/- with the B.D.O., Littipara without prejudice to his defence in this case. Hence,
it is submitted that the petitioner be given the privileges of anticipatory bail. Learned A.P.P appearing for the State opposes the prayer for anticipatory
bail of the petitioner.
Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to
the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned Principal District & Sessions Judge at Pakur within six weeks
from today and in the event of his arrest or surrendering, he will be enlarged on bail on showing proof of deposit of Rs.30,000/-(Rupees thirty
thousand) with the B.D.O., Littipara and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to
the satisfaction of learned Principal District & Sessions Judge at Pakur in connection with Littipara P.S. Case No.37 of 2020 with the condition that he
will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile
number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject
to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
In case the petitioner deposits Rs.30,000/-(Rupees thirty thousand), learned court below will pass an appropriate order regarding disbursal of the same
at the time of conclusion of trial.
