Sanjit Majhi v. State Of West Bengal

28.03.2022 Ct. No 29 KAUSHIK (REJECTED) C.R.M. (A) 1386 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murarai Police Station Case No. 190 of 2021 dated 19.11.2021 under Section 380 of the Indian Penal Code, 1860.

And In Re : Sanjit Majhi ..... petitioner Mr. Prosenjit Mukherjee Ms. Poulomi Dutta .... for the petitioner Mr. S.S. Imam Mr. Sandip Kundu ... for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated. The petitioner was not named in the First Information Report (FIR). Learned advocate appearing for the State draws the attention of the Court to the seizure list. He submits that the stolen articles were recovered from the possession of the coaccused, who names the petitioner as his accompanist. In answer to query of the Court, learned advocate appearing for the State submits that, the police yet to submit charge-sheet.

Considering the fact that the investigations are in progress and considering the fact that the persons from whom the stolen articles were recovered named the petitioner as a co-accused, we are of the view that the requirement of custodial interrogation of the petitioner cannot be ruled out. Consequently, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 1386 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)