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Calcutta High CourtCRM (DB)/2835/2022rejected

Ankan Mitra @ Rana v. State Of West Bengal

2022-08-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

29.08.2022.

22.

Ct.No.28 as (Rejected) C.R.M. (DB) 2835 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Chinsurah P.S. Case No.22 of 2022 dated 16.01.2022 under Sections 392/397 of the Indian Penal Code and charge sheet submitted under Sections 397/395/412 of the Indian Penal Code.

In the matter of : Ankan Mitra @ Rana.

....Petitioner.

Mr. Sandipan Ganguly, ld. Sr. Adv.,, Mr. Bitasok Banerjee.

...for the Petitioner.

Mr. Neguive Ahmed, ld. A.P.P., Ms. Ayantika Ray.

...for the State.

Petitioner is in custody for 192 days. It is submitted on behalf of the petitioner there was a landlord and tenant dispute between the parties. Hence, he has been falsely implicated in the instant case.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Statements of witnesses and other materials show petitioner conspired with the co-accuseds who committed dacoity in the house of the de-facto complainant. Stolen article has been recovered from his residence. Statements of the witnesses show his presence with co-accuseds when the gold ornaments were handed over to a goldsmith for conversion.

Under such circumstances, we are of the opinion this is not a fit case to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail of the petitioner is rejected.

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