Tapas Kumar Mandal @ Tapas Mandal v. State Of West Bengal

21.04.2021 Court No.28 Item No. 234 Krishnendu Rejected CRM 917 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Tapas Kumar Mandal @ Tapas Mandal Petitioner Mr. Asif Dewan For the Petitioner Mr. S.S. Imam Ms. Sonali Bhar For the State Apprehending arrest in connection with Murshidabad Police Station Case No. 537 of 2020 dated 21.10.2020 under sections 323/325/326/307/379/384/506/34 of the Indian Penal Code, the petitioner has filed the present application.

The learned advocate appearing for the petitioner submits that the petitioner is innocent and he has been falsely implicated. The allegations levelled against him are unfounded. Similarly situated persons have been granted anticipatory bail by the learned Sessions Judge and one coaccused person has been enlarged on bail. Upon completion of investigation, charge sheet has also been filed and as such custodial interrogation of the petitioner is not warranted in the facts and circumstances of the case.

The learned advocate appearing for the State opposes the petitioner's prayer for anticipatory bail and draws our attention to several documents in the case diary.

Having heard the learned advocates appearing for the respective parties and considering the materials on record, it prima facie appears

that overt act has been attributed to the petitioner and considering the extent of his complicity in the alleged offence, we are not inclined to exercise any discretion in his favour.

The application for anticipatory bail, being CRM No. 917 of 2021, is, accordingly, dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)