Santosh Mandal v. State Of West Bengal

21.12.2021 Item no.39.

Court No.28.

AB CRM No. 8338 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No.290 of 2019 Dated 13.5.2019 under Sections 420/409/120B of the Indian Penal Code And In the matter of : Santosh Mandal ......Petitioner.

Mr. Jaydeep Biswas, Mr. Partha Sarathi Basu ......for the Petitioner. Mr. Madhusudan Sur, ld. APP, Mr. Monoranjan Mahato ......for the State.

It is submitted on behalf of the petitioner that no overt act is disclosed against him in the first information report. He has been falsely implicated in the instant case. Learned lawyer appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record including the statements of witnesses prima facie disclosing involvement of the petitioner in the conspiracy of misappropriating and diverting government money for wrongful gain. In view of the aforesaid fact, we are of the opinion that custodial interrogation of the petitioner is necessary and this is not a fit case to grant anticipatory bail to him. The prayer for anticipatory bail is rejected.

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