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Calcutta High CourtCRM (A)/1869/2023dismissed as rejected

Rajib Banerjee v. State Of West Bengal

2023-05-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1869 of 2023 04.05.2023 Sl.4 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Madhyamgram Police Station Case No.08 of 2021 dated 03.01.2021 under Sections 406/420/467/ 468/ 471/ 472/ 120B/34 of the Indian Penal Code, 1860.

And In the matter of: Rajib Banerjee ....petitioner.

Mr. Shiladitya Barma ... for the petitioner.

Mr. Swapan Banerjee Ms. Purnima Ghosh ...for the State.

Petitioner seeks anticipatory bail in respect of a police case dated January 3, 2021.

Co-accuseds were enlarged on anticipatory bail lastly on May 13, 2022.

A period of about a year elapsed since the last order granting anticipatory bail to the co-accuseds.

The petition is bereft of any explanation as to why the petitioner is before Court today after a lapse of two years from the date of the registration of the First Information Report and one year after the last order granting anticipatory bail to one co-accused. The materials in the case diary suggest that the petitioner was involved in introducing the principal accused with the de facto complainant.

The case relates to cheating and the sum involved is in excess of Rs.1.34 crores.

Considering the long absconsion of the petitioner and considering the gravity of the offence and the involvement of the petitioner in the incident, we are unable to grant anticipatory bail

to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 1869 of 2023 is dismissed.

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