Jiabdin Mallick v. State Of West Bengal

17.12.2021 Sl. No.85 akd [Rejected] C. R. M. 8107 of 2021 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 30.11.2021 in connection with Uluberia Police Station Case No.360 of 2021 dated 10.11.2021 under Sections 417/420/466/467/468/471/34 of the Indian Penal Code. And In Re: Jiabdin Mallick ... ... Petitioner Mr. Nazir Ahmed ... ... for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee ... ... for the State It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case.

Learned advocate appearing for the State opposes the prayer for anticipatory bail and submits that the petitioner manufactured fake death certificates in order to enable dishonest misappropriation of funds under the NFBS scheme.

We have considered the materials on record prima facie disclosing involvement of the petitioner in manufacturing fake death certificates to misappropriate public funds under the aforesaid scheme. Under such circumstances, we are of the opinion custodial interrogation of the petitioner for progress of investigation is necessary and this is not a fit case to grant anticipatory bail to him. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)