Sukchand Mandal Alias Sukchand Mondal v. State Of West Bengal

25.01.2022 Ct. No 29 KAUSHIK (REJECTED) C.R.M (A) 210 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 290 of 2019 dated 13.05.2019 under Sections 420/409/120B of the Indian Penal Code, 1860. And In Re : Sukchand Mandal @ Sukchand Mondal ..... petitioner Mr. Sourav Chatterjee .... for the petitioner Mr. Rudradipta Nandy ... for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated. The petitioner is not a public servant and, therefore, provisions of Section 409 of the Indian Penal Code will not be attracted.

Learned advocate appearing for the State submits that, other co-accused were denied anticipatory bail by the Coordinate Bench in CRM 8338 of 2001 on December 21, 2021. He submits that, second application for anticipatory bail being CRM 877 of 2021 was also rejected by another Coordinate Bench on January 25, 2022. He submits that the petitioner is involved in the crime. The petitioner is the recipient of the money, which the petitioner along with co-accused gathered from persons who were given fake degree.

Considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that the petitioner was dealing with public in general who were

being awarded educational degrees now transpiring to be fake we are unable to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 210 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)