Rajeswari Devi Dasi @ Rajeswari Montefusco And ANR. v. The State Of West Bengal

20.08.2024 SL No.21 Court No.29 (gc) (Rejected) CRM (A) 2866 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Nabadwip Police Station Case No.348 of 2024 dated 30.05.2024 under Sections 420/406/467/470/471/34 of the Indian Penal Code and Section 4/21 of Mines and Minerals (Development Regulation) Act, 1957.

And In the matter of : Rajeswari Devi Dasi @ Rajeswari Montefusco & Anr.

- Petitioners.

Mr. Subhrajyoti Ghosh ....For the Petitioners.

Ms. Amita Gaur, Ms. Baishakhi Chatterjee ... For the State.

1. The learned Counsel for the petitioners submits that the petitioners are innocent and on the basis of a conversion certificate issued by the BL&LRO on 18th April, 2023, the land was converted.

2. The learned Counsel for the State in opposing the prayer for anticipatory bail has drawn our attention to the seizure list wherefrom it appears that one Mr. Dilu Sk. produced the relevant documents in support of the conversion. However, the BL&LRO has submitted a report with no such conversion certificate has been issued by the BL&LRO in favour of Rajeswari Devi Dasi.

3. Considering the materials available in the case diary and the nature and extent of complicity of the petitioners in the commission of the alleged offence and having regard to the statement of the BL&LRO with regard to the authenticity of the conversion certificate, we are not inclined to grant anticipatory bail to the petitioners.

4. Accordingly, the application for anticipatory bail is rejected.

5. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.)