Amit Kumar Singh @ Amit Kumar Sigh v. State Of West Bengal
25.04.2024 Item No.15 Ct. No. 29 CHC Rejected C.R.M.(A) 1457 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bansdroni Police Station Case No. 459 of 2023 dated 18.11.2023 under Sections 420/406/467/468/471/120B of the Indian Penal Code, 1860 and subsequently Section 409 of Indian Penal Code, 1860 has been added.
And In the matter of : Amit Kumar Singh @ Amit Kumar Singh ...... petitioner Mr. Mujibar Ali Naskar, Ms. Rups Mukherjee ....for the petitioner Mr. Sandip Chakraborty, Mr. Kaustav Banerjee ....for the State Petitioner prays for anticipatory bail.
Learned advocate appearing for the petitioner submits that, no money was received by the petitioner from the de facto complainant. Therefore, question of executing stamp paper and returning such money in cash does not arise. Petitioner was falsely implicated.
Learned advocate appearing for the State draws the attention of the Court to the materials in the Case Diary. He submits that, there are bank transactions which establish that, de facto complainant paid money to one M/s. Ginisus Solution who immediately on the same date transferred the amount to the bank account of the petitioner.
Signed By :
CHINMOY CHAKRABORTY High Court of Calcutta 25 th of April 2024 06:16:24 PM
Money trial between the de facto complainant through Ginisus Solution and the petitioner, stands established. Petitioner received money from the de facto complainant through Ms. Ginisus Solution.
Money was paid by the de facto complainant for supply of materials which remains unsupplied till date. Requirement of custodial interrogation of the petitioner is made out from the materials in the Case Diary. In such circumstances, we are unable to grant anticipatory bail to the petitioner.
This application for anticipatory bail is, thus, rejected. CRM(A) 1457 of 2024 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)