Ruksar Kaji @ Rukhsar Kazi v. State Of West Bengal

19.04.2024 Ct. No. 29 S.D.

REJECTED C.R.M.(A) 1362 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chinsurah Police Station Case No. 575 of 2023 dated 08.12.2023 under Sections 409/406/420 of the Indian Penal Code.

And In Re : Ruksar Kaji @ Rukhsar Kazi ...... petitioner Md. Mahmud Mr. Asif Iqbal Baidya ...for the petitioner Mr. Joydeep Roy, Ld.Jr. Govt., Mr. Ivan Roy .... For the State Petitioner prays for anticipatory bail.

Learned counsel appearing for the petitioner submits that, one Tapan Podder filed a police complaint alleging defalcation. Petitioner was arrested in such police case. Petitioner refunded such money. Such police case is still pending. Thereafter, the bank at which the petitioner was working, filed the police complaint which includes the defalcation so far as the Tapan Podder is concerned. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. The present police complaint involves four accounts of the customers of the bank. It includes Tapan Podder. Apparently, petitioner while working as an employee of a bank, defalcated amount belonging to the customers. Signed By :

Surojit Das High Court of Calcutta 19 th of April 2024 05:19:34 AM

A banker holds the position of a trust. Actions of the petitioner are contrary to the trust that a customer reposes on the banker.

Materials in the case diary suggest the requirement of investigation. Enlarging the petitioner on anticipatory bail will be inimical to such investigation.

Consequently, we are unable to grant anticipatory bail to the petitioner and the prayer for anticipatory bail is rejected. The application being CRM (A) 1362 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

Surojit Das High Court of Calcutta 19 th of April 2024 05:19:34 AM