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Calcutta High CourtCRM (A)/1148/2023dismissed as rejected

Subhendu Majhi v. State Of West Bengal

2023-03-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi3 pages

C.R.M. (A) 1148 of 2023 22.03.2023 Sl.5 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with CMC No.4052/2022 arising out of Nagerbazar Police Station Case No.329 of dated 20.09.2022 under Sections 420/406/506 of the Indian Penal Code.

And In the matter of: Subhendu Majhi ....petitioner.

Mr. Kamalesh Ch. Saha ...for the petitioner.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. Partha Pratim Das Ms. Manasi Roy ...for the State.

Petitioner prays for anticipatory bail.

It is contended on behalf of the petitioner that the money was deposited in somebody elses account and there is no nexus between the petitioner and such person.

The materials in the case diary suggest otherwise. There are nexus between the petitioner and the person receiving the money.

Money going out of the de facto complainant into a bank account of another person is established. It was paid on a promise of job.

Enlarging the petitioner on anticipatory bail at this stage will be inimical to the investigations.

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

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 1148 of 2023 is dismissed.

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