Sentu Mandal @Sentu Majhi v. State Of West Bengal

27.05.2021 Court No.28 Item No. 23 CP CRM 3557 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Sentu Mandal @ Sentu Majhi Petitioner Mr. Sarwar Jahan Mr. Anisur Rahaman For the Petitioner Mr. Arijit Ganguly Mr. Avik Ghatak For the State Let the supplementary affidavit filed on behalf of the petitioner be kept on record.

Apprehending arrest in connection with G.R. Case No. 3295 of 2015 corresponding to Nowda Police Station Case No. 222 of 2015 dated 07.08.2015 under sections 420/376 of the Indian Penal Code, the present application has been preferred. Mr. Jahan, learned advocate appearing for the petitioner, submits that the petitioner has been falsely implicated. The alleged complaint was directed to be treated as an FIR on the basis of an order passed under Section 156(3) of the Code. The allegations levelled against the petitioner are absolutely unfounded. The husband of the de facto complainant preferred a suit for restitution of conjugal rights admitting that the de facto complainant had a relationship with the petitioner herein. In the said conspectus custodial interrogation of the petitioner is not necessary.

Learned advocate appearing for the State opposes the petitioner's prayer and submits that the petitioner is absconding

till date. The proclamation and attachment has been executed on April 12, 2021.

Having heard the learned advocates and considering the materials in the case diary, the nature of allegations, the extent of complicity of the petitioner in the alleged offence and the fact that the petitioner had been absconding for a substantial period of time, we are not inclined to exercise any discretion in favour of the petitioner. As such, the prayer for anticipatory bail is refused. The application for anticipatory bail, being CRM No. 3557 of 2021 is, thus, disposed of.

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