Laxman Mandal v. State Of West Bengal

04.01.2022 IN THE HIGH COURT AT CALCUTTA Sl.No. 251 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No. 32 APPELLATE SIDE Amalranjan (Via Video Conference) CRM No. 7730 of 2021 Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.

Rejected In the matter of : Laxman Mandal ..... Petitioner Mr. Sourav Mukherjee ...for the Petitioner Mr. Bidyut Kumar Roy Ms. Sima Biswas ...for the State Apprehending arrest in connection with Raiganj Police Station Case No. 306 of 2021 dated 01.05.2021 under Sections 306 and 34 of the Indian Penal Code, the petitioner has filed the present application.

Mr. Mukherjee, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. There is no material to reveal that the petitioner has any nexus with the alleged offence. The issue as to whether the petitioner has instigated the victim to commit suicide is a matter to be decided at the appropriate stage in the trial. In the said conspectus, custodial detention is not necessary.

Mr. Roy, learned advocate appearing for the State submits that the investigation is still continuing. There are

incriminating materials on record against the petitioner. For failure to repay Rs.9000/-, the petitioner was pressurized. Such fact would be explicit from the statement of the victim's daughter, as recorded.

Heard the learned advocates appearing for the respective parties and considered the materials on record. Prima facie, there are strong incriminating materials on record against the present petitioner. Considering the nature of allegations and the extent of his complicity in the alleged offence, we are not inclined to exercise any discretion in favour of the petitioner.

Accordingly, the application for anticipatory bail, being CRM 7730 of 2021, is rejected.

All parties shall act on the server copies of this order duly downloaded from the official website of this court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)