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Calcutta High CourtCRM (A)/4121/2022dismissed

Sk Hosenur Rahaman v. State Of West Bengal

2022-10-31Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

31.10.2022 Serial no. 01 [Dd] (Anticipatory bail) (Rejected) CRM (A) 4121 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Dankuni Police Station Case No. 204 of 2022 dated 07.06.2022 under Sections 406/420 of the Indian Penal Code arising out of G.R case no. 1020/2022.

-AndIn the matter of : Sk Hosenur Rahaman ... ...Petitioner Mr. Saibal Bapuli, ld. APP Mr. Arani Bhattacharyya, Advocates ... ...For the State None appears for the petitioner even in the second call. On September 6, 2022, it was contended on behalf of the petitioner that, the petitioner wanted to pay a sum of Rs.2 lakhs by cheque to the de facto complainant and went to the police station to make over such cheque to the Investigating Officer but he did not take it.

However, opportunity was granted to the petitioner to make over such cheque by the order dated September 6, 2022.

Learned advocate appearing for the State submits a report which be taken on record. The report dated October 30, 2022 states that, the petitioner made over a cheque to the de facto complainant which was placed for encashment but was dishonoured on the ground of insufficient funds. In such circumstances, considering the gravity of the offence and the involvement of the petitioner therein and the conduct of the petitioner post the filing of the application for anticipatory bail, we are not inclined to grant anticipatory bail

to the petitioner. Moreover, the need for custodial interrogation of the petitioner cannot be overlooked. Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 4121 of 2022 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)