Sourav Paliwar v. State Of West Bengal

15.06.2022 SL No.49 Saswata Ct.28 (Rejected) CRM (DB) 1684 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Ballygunge DD P.S. Case No.

01/2022 dated 08.01.2022 under Sections 120B/387/395/397 of the Indian Penal Code.

And In the matter of: Sourav Paliwar ....Petitioner Mr. Ayan Bhattacharya Mr. K.K.Tiwary Mr. Kushal Kumar Mukherjee Mr. Rahul Das ...for the Petitioner Mr. Debasish Roy Mr. Swapan Banerjee Mr. Anindya Sundar Chatterjee ...for the State.

Learned lawyer appearing for the petitioner submits he has been falsely implicated in the instant case. He was in custody in connection with another case and had nothing to do with the alleged extortion of the de facto complainant. Learned lawyer for the State opposes the prayer for bail. He submits petitioner had threatened the de facto complainant. Co accused Astik Paliwar ( whose bail application was rejected by a coordinate Bench of this Court) as well as co-accused Chandan Yadav visited the petitioner in jail prior to the incident. We have considered the materials on record. The petitioner has criminal antecedents. A number of cases are pending against him in the State of Jharkhand. Co accused Astik Paliwar and Chandan Yadav (who had brandished pistol and fired in presence of the de facto complainant) had visited the petitioner in jail.

These materials give rise to a reasonable inference of conspiracy between the petitioner and co accuseds in commission of the crime.

Keeping in mind the aforesaid facts and the gravity of the offence, we are of the opinion that this is not a fit case where the petitioner should be granted bail at this stage. The application for bail is, thus, rejected.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)