Dipu Das v. State Of West Bengal

18.01.2022 rrc CRM 8474 of 2021 (via video conference) Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

In the matter of : Dipu Das ..... petitioner Mr. Sujay Sarkar .....For the petitioner Mr. Abhra Mukherjee Mr. Dipankar Mahata .....For the State Apprehending arrest in connection with Habibpur Police Station Case No. 24 of 2021 dated 22.01.2021 under Sections 186/353/379/411 of the Indian Penal Code read with Section 14A(b) of the Foreigners Act, the present application has been preferred.

The learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. His name has transpired on the basis of co-accused statement. Upon completion of investigation, charge sheet has also been submitted and in view thereof, custodial interrogation is not necessary.

The learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary.

Heard the learned advocates appearing for the respective parties and considered the materials in the case diary.

Prima facie, there are materials on records pertaining to the petitioner's involvement in the alleged offence and the possibility of his absconsion cannot be totally ruled out. In view thereof, we are not inclined to exercise discretion in his favour. As such, his prayer for anticipatory bail is refused. The application CRM 8474 of 2021 is, accordingly, dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Ajoy Kumar Mukherjee, J.) (Tapabrata Chakraborty, J.)