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Calcutta High CourtCRM (A)/989/2024dismissed as rejected

Susanta Kumar Das And ANR. v. State Of West Bengal

2024-03-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

21.03.2024 Item No.17 Ct. No. 29 CHC Rejected C.R.M.(A) 989 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sabang Police Station Case No. 346 of 2023 dated 28.12.2023 under Sections 420/323/506 of the Indian Penal Code, 1860. And In the matter of : Susanta Kumar Das & anr.

...... petitioners Mr. Sabir Ahmed, Ms. Suman Biswas, Mr. Tasnim Ahmed ....for the petitioners Mr. Rudradipta Nandy, Ld. A.P.P.

Ms. Baisali Basu ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, one of the family members took accommodation loan. The petitioners are nowhere connected with such transaction. Learned advocate appearing for the State draws the attention of the Court to the materials in the Case Diary. He submits that, brother of the petitioner no.1 took money from unsuspecting members of the public on the promise of the giving government job.

There are statements recorded under Section 161 of the Criminal Procedure Code not only of the de facto complainant but also of other persons who claimed that brother of the petitioner no.1 in connivance and collusion with the petitioners took money from unsuspecting members of the public on the promise of granting government job.

Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 21 st of March 2024 05:58:40 PM

Apparently, there is a bank statement where, money so taken is sought to be refunded.

Materials in the Case Diary require investigation. Enlarging any of the petitioners on anticipatory bail will be inimical to such investigation.

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

This application for anticipatory bail is, thus, rejected. CRM(A) 989 of 2024 is disposed of.

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