Charan Das v. State Of West Bengal

17.01.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 190 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Rampurhat Police Station Case No. 314 of 2022 dated 10.06.2022 under Sections 419/420/423/467/468/471 of the Indian Penal Code, 1860.

And In Re : Charan Das ...... petitioner Mr. Saikat Chatterjee ....for the petitioner Mr. Joydeep Roy Ms. Sujata Das ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner is not involved in the transaction of the sale deed. The petitioner is not named in the First Information Report. The petitioner is neither the executant of the sale deed nor the witness thereof. The petitioner did not receive any benefits out of the sale deed.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that, a co-accused whose name transpires from the sale deed recorded a statement under Section 161 of the Code of Criminal Procedure, where such co-accused stated that the petitioner is a co-conspirator.

Apparently, property of a person was sought to be transferred by way of a registered sale deed without the due authority of the actual owner.

The police are yet to conclude the investigations. Complicity of the petitioner transpires from the materials in the case diary.

In such circumstances, 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) 190 of 2023 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)