Ankan Mitra @ Rana v. State Of West Bengal

28.03.2023 ct 28/tkm C.R.M. (DB) 1174 of 2023 sl no.69 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Chinsurah P.S case no. 22 of 2022 dated 16.1.2022 under sections 397/395/412 IPC And In Re : Ankan Mitra @ Rana ........ petitioner Mr. U S Chattopadhyay Mr. S S Chatterjee Mr. D Sardar Mr. R Tah Ms. T Rakshit ...... for the petitioner Ms. N Ahmed Md. Oqbal Kabir ...... for the State Petitioner is in custody for 139 days. It is submitted de facto complainant has not implicated the petitioner in the crime. He renews his bail prayer.

Learned lawyer for the State opposes the bail prayer. We have considered the materials on record. Petitioner was a tenant of the de facto complainant. As per de facto complainant's deposition immediately after the dacoity he intervened and reported the matter to police. But statements of a goldsmith shows petitioner along with co-accuseds had gone to the said goldsmith for conversion of stolen articles. Trial is in progress. The said goldsmith has not been examined as yet.

Under such circumstances, we do not consider it prudent to reconsider the bail prayer of the petitioner and enlarge him on bail. Hence, application for bail is rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)