Apurba Karmakar v. The State Of West Bengal

31.07.2024 SL No.21 Court No.29 (gc) (Rejected) CRM (A) 2536 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure corresponding to Section 482 of BNSS, 2023 filed in connection with Uluberia Police Station Case No.162 of 2024 dated 27.04.2024 under Section 381 of the Indian Penal Code.

And In the matter of : Apurba Karmakar - Petitioner.

Mr. Ratul Biswas, Mr. Pawan Kumar Gupta, Mr. Kaushik Chowdhury, Ms. Sofia Nesar, Ms. Soumoyadipa Kanu ....For the Petitioner.

Mr. Subhojyoti Dutta, Mr. Kaushik Choudhury ....For the De facto Complainant.

Mr. Partha Pratim Das, Mr. Ivan Roy ... For the State.

1. The learned Counsel for the petitioner submits that he has been made victim due to raising the voice against deprivation of his salary and other service benefits. It is further submitted that the petitioner has been falsely implicated.

2. The learned Counsel for the State and the de facto complainant have opposed the prayer for anticipatory bail.

3. The learned Counsel for the State has referred to the statement of the security-in-charge and other witnesses to the effect that at the instance of the petitioner, the CCTV was disabled.

4. The learned Counsel for the de facto complainant has submitted that the petitioner is the store manager and goods worth of Rs.57 lakhs have been stolen and have been unauthorizedly removed.

5. Considering the materials available in the case diary and the statement of the security-in-charge admitting the CCTV was disabled at the relevant point of time and also having regard to the fact that the petitioner was the store manager and the investigation is at the initial stage, we are not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the application for anticipatory bail is rejected.

7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.)