Samipa Mandal v. State Of West Bengal

09.04.2021 Item No.261 Ct.No.28 Subha Rejected C.R.M. 724 of 2021 (Via Video Conference) In Re: An application for anticipatory bail under Section 438 Cr.P.C in connection with Dumdum P. S. Case No. 910 of dated 07-12-2020 punishable under Sections 420/409/468/469/471 of the Indian Penal Code. And In the matter of : Samipa Mandal .. Petitioner.

Mr. Niladri Sekhar Ghosh Ms Srimoyee Mukherjee ... For the Petitioner.

Mr. Rudradipta Nandy ... For the State.

Apprehending arrest in connection with Dumdum Police Station Case No. 910 of 2020 dated 07-12-2020 punishable under Sections 420/409/468/469/471 of the Indian Penal Code, the present application has been filed. Mr. Ghosh, learned advocate appearing for the petitioner submits that the petitioner is innocent of the charges and has been falsely implicated in the instant case. The F.I.R is belated and the petitioner has already complied

with the notice under Section 41A of the Code of Criminal Procedure.

Mr. Nandy, learned advocate appearing for the State opposes the prayer for anticipatory bail and draws the attention of this court to the opinion of expert which is available in the case diary.

We have assessed the misappropriation of money and the manner in which the offence has been committed. Prima facie, it appears that the petitioner is involved in the alleged offence and custodial interrogation of the petitioner is required for unearthing the truth in the Post Office where he is working for the betterment and security of the depositors. Thus, we are of the opinion that this is not a fit case to extend the privilege of anticipatory bail to the petitioner and as such, the prayer for bail of the present petitioner is rejected.

The application for anticipatory bail, being CRM 724 of 2021 is, thus, disposed of.

(Tirthankar Ghosh, J. ) ( Soumen Sen, J.)