Calcutta High CourtCRM/5723/2021rejected

Sonamoni Saha v. State Of West Bengal

2021-12-23Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

23.12.2021 Serial no.8 Aloke (Through Video Conference) Ct. No. 29 CRM 5723 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 26.08.2021 in connection with Harishchandrapur Police Station Case No. 545 of 2021 dated 22.07.2021 under Sections 420/406/409/34 of the Indian Penal Code.

-AndIn the matter of : Sonamoni Saha ... ...Petitioner Mr. Saurav Chatterjee, Advocate Mr. Angshuman Chakraborty, Advocate Mr. Soupal Chatterjee ... ... For the Petitioner Mr. Rudradipta Nandy, Advocate ... ... For the State Mr. Arindam Jana, Advocate ... For the victim Petitioner seeks anticipatory bail.

Supplementary affidavit filed on behalf of the petitioner in Court be taken on record.

Learned Advocate appearing for the petitioner submits that the Court granted anticipatory bail to other co-accused. The petitioner seeks parity with regard thereto. Learned Advocate appearing for the State submits that there were two police complaints inter alia against the petitioner. The police complaint relates to funds with the Gram Panchayat was in respect of which Gram Panchayatn is the justifying authority. The second police complaint in which the petitioner seeks anticipatory bail relates to funds which were placed at the disposal of the petitioner as the Prodhan. He submits that the petitioner cannot seek parity on the basis of other co-accused been granted anticipatory bail.

The victim is represented.

Considering the fact that there were two police complaints and considering the fact that one co-accused was granted anticipatory bail and considering the fact that the petitioner as the Prodhan stands on a different footing than

co-accused who was granted anticipatory bail and considering he gravity of the offence and the complicity of the petitioner therein and considering the fact that public are involved, we are not inclined to grant anticipatory bail to the petitioner.

CRM 5723 of 2021 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)