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Calcutta High CourtCRM/4311/2021rejected

Monirul @ Muni Driver @ Manirul Biswas v. State Of West Bengal

2021-12-08Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

08.12.2021 Court No.32 Item No. 01 Krishnendu Dismissed CRM 4311 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Manikchak Police Station Case No. 344 of 2020 dated 27.12.2020 under sections 363/365/364A/34 of the Indian Penal Code.

And In re: Monirul @ Muni Driver @ Manirul Biswas

...Petitioner

Mr. Musharraf Alam Sk.

... For the Petitioner Mr. S.S. Imam Mr. Subrato Roy ...For the State The learned advocate appearing for the petitioner submits that the petitioner is the driver of the concerned vehicle. He has been falsely implicated. Co- accused persons have already been enlarged on bail. Upon completion of investigation, charge sheet has also been submitted and as such, custodial interrogation of the petitioner is not warranted.

The learned advocate appearing for the State, opposes the petitioner's prayer and draws our attention to several documents in the case diary, including the statements of the witnesses, as recorded under section 161 of the Code of Criminal Procedure. Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, the gravity of the offence and the extent of complicity of the petitioner in the alleged offence, we are not inclined to exercise any discretion in his favour and, as such, his prayer for anticipatory bail is rejected.

The application for anticipatory bail, being CRM No. 4311 of 2021, is, accordingly, dismissed.

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