Gouri Shankar Utthasani v. State Of West Bengal And ANR

16.08.2022 sdas rejected CRA (DB) 153 of 2022 In Re : An application under Section 374(3) of the Code of Criminal Procedure read with Section 14A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. And In Re : Gouri Shankar Utthasani .... appellant Mr. Navanil De Ms. Ayantika Roy Mr. Rajeshwar Chakraborty ....... for the appellant Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ..... for the State Learned Counsel appearing for the appellant submits he is in custody for 76 days. It is also submitted that he is not the principal accused.

Learned Counsel appearing for the State submits one Budhadeb Mishra in collusion with appellant and others took six lakh from the victim to give employment. Thereafter appellant and other accuseds assaulted the victim for demanding refund from Budhadeb.

We have considered materials on record. Statements of witnesses show that the appellant played an active role in the fraud. He assaulted and threatened the victim when he demanded refund of the money from Budhadeb Mishra. Various incriminating articles were seized from the possession of the appellant.

Under such circumstances, we are not inclined to grant bail to the appellant.

Accordingly, appeal being CRA (DB) No. 153 of 2022 is rejected.

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