Reyat Hossain Sarkar @ Riyat Hossain Sardar v. The State Of West Bengal

30.09.2021 Ct. No. 29 sdas rejected C.R.M. 6564 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Survey Park Police Station Case No. 210 of 2020 dated 09.12.2020 under Section 420 of the Indian Penal Code.

And In Re : Reyat Hossain Sarkar @ Riyat Hossain Sardar ..... petitioner Mr. Sumanta Chakraborty Mr. Probal Sarkar .... for the petitioner Mr. Saibal Bapuli, learned A.P.P.

Mr. Bibaswan Bhattacharya ... for the State Ms. Sulogna Chowdhury Mr. Indrajeet Chakraborty Mr. Shaha Alam Molla .... for the de facto complainant Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated in the instant case. State and de facto complainant are represented. Learned advocate appearing for the State relies upon the case diary and submits that the petitioner affirmed an affidavit before the Notary Public acknowledging receipt of Rs.2,60,000/- from the de facto complainant.

Considering the materials in the case diary and the fact that the petitioner is yet to respond to the notice under Section

41A of the Code of Criminal Procedure, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM 6564 of 2021 is dismissed.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)