Raghu Nath v. State Of West Bengal

12.03.2021 Item No.9 Ct.No.28 dc.

Rejected C.R.M. 487 of 2021 (Via Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In Re :

Sri Raghu Nath ... Petitioner.

Mr. S. G. Chowdhury ... For the Petitioner.

Mr. Bidyut Kumar Roy, Ms. Rita Datta ... For the State.

Apprehending arrest in connection with Uttarpara P.S. Case No. 386 of 2020 dated 05.11.2020 under Sections 420/406 of the Indian Penal Code, the present application has been preferred.

The learned advocate appearing for the petitioner submits that the allegation levelled against the petitioner is absolutely unfounded and he has been falsely implicated. The money, as claimed to be due, has already been paid by the petitioner to the de facto complainant. The dispute has a civil profile and in the said conspectus, custodial interrogation of the petitioner is not necessary. Mr. Roy, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary.

Having heard the learned advocates and considering the materials in the case diary, the nature of allegations and the extent of complicity of the petitioner in the alleged offence, we are of the opinion that the petitioner is not entitled to the privilege of anticipatory bail. As such, his prayer for anticipatory bail is rejected.

The application for anticipatory bail, being CRM 487 of 2021, is, thus, dismissed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)