Ashok Basak And ANR v. State Of West Bengal

24.01.2023 Serial no. 09 [Dd] (Anticipatory bail) (Rejected) CRM (A) 300 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Karandighi Police Station Case No. 324 of 2021 dated 09.07.2021 under Sections 420/406/120B of the IPC subsequently charge sheet submitted vide C.S. No. 411/2022 dated 22.08.2022 under Sections 419/420/468/471/120B of the IPC and added Sections 413/467/195A of the IPC and 66D of IT Act.

-AndIn the matter of : Ashok Basak & Anr.

... ...Petitioners Mr. Karnel Mondal, Advocate ... ... For the Petitioners Mr. Saibal Bapuli, ld. APP Mr. Bibaswan Bhattacharyya, Advocates ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the police filed charge sheet and submitted separate charges against individual accuseds. He refers to the charge sheet and submits that the petitioners were charged under Section 406 of the Indian Penal Code, 1860 while the others were charged under Section 409 thereof. He submits that persons who were charged under Section 406 of the Indian Penal Code, 1860 were granted anticipatory bail by the jurisdictional Court.

Learned advocate appearing for the State submits that all the accuseds were involved in the police case. He refers to the charge sheet. He submits that as against all, there is a charge

under Section 120B of the Indian Penal Code, 1860. He submits that the amount of defalcation of money is huge. No doubt, a huge amount of public money is involved in the police case. Police filed charge sheet against all the accuseds invoking Section 120B of the Indian Penal Code, 1860.

In such circumstances, we are unable to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 300 of 2023 is dismissed.

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