Sujit Kumar Yadav v. State Of West Bengal

07.04.2021 Item No.71 Ct.No.28 dc.

Rejected C.R.M. 687 of 2021 In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In Re :

Sujit Kumar Yadav ... Petitioner.

Mr. Md. Zeeshan Uddin, Ms. Amrin Khatoon ... For the Petitioner.

Mr. Sudip Ghosh, Mr. Bitasok Banerjee ... For the State.

Apprehending arrest in connection with Pursurah P.S. Case No. 136 of 2021 dated 12.07.2019 under Sections 420/482/483/486/272/273/120B of the Indian Penal Code read with Sections 63/65 of the Copy Right Act, the present application has been preferred.

The learned advocate appearing for the petitioner submits that the petitioner is innocent of the charges which have been levelled against him and has been victimised by his driver. Additionally, the learned advocate submits that on any condition, the petitioner may be granted the relief as prayed for.

The learned advocate appearing for the State opposes the prayer for anticipatory bail and draws the attention of this Court to the seizure list.

We have perused the materials in the case diary which include the goods which have been seized as well as the statements of the witnesses. We find that the goods so seized are rice seeds, hair coconut oil and tea for consumption. Having regard to the nature of the substances which have been alleged to be fake of certain established branded products, we are of the opinion that this is not a fit case for extending the privilege of anticipatory bail. As such, the petitioner's prayer for anticipatory bail is rejected. The application for anticipatory bail, being CRM 687 of 2021 is, thus, dismissed.

(Harish Tandon, J.) (Tirthankar Ghosh, J.)