The Court: By this application under sub-section (2) of section 439 of the Code of Criminal Procedure, petitioner being the State of West Bengal seeks to challenge the orders dated 9.8.2001 and 23.8.2001 passed by the ld. Sub-Divisional Judicial Magistrate, Alipore, South 24-Parganas in connection with Watgange P.S. Case No. 153/2001 granting ad interim bail to the two accused/opposite parties being Noor Ahmed and Subrata Hazra on the very first day of their production under arrest before the said court.

2. Case in brief is that one Rajiv Agarwal being the informant of this case is the Managing Director of Tirupati Vancom Private Ltd. having its registered office at 1, Rawdon Street, Calcutta-17. He lodged a written complaint before the said Police Station on 9.8.2001 against the opposite parties making serious allegation which prima facie constitute offences under sections 386/387/114 LP.C. In view of facts and circumstances alleged in the complaint, allegations appear to be of extremely serious nature. On the basis of the said complaint aforesaid case/FIR was registered at the said Police Station. Pursuant to the said complaint, Investigation Officer took up investigation