Jagai Naskar v. The State Of West Bengal

03.09.2024 Court No.29 Item No. 35 sg CRM (A) 2997 of 2024 In Re:- An application for anticipatory bail under 438 of the Code of Criminal Procedure corresponding to Section 482 of the BNSS, in connection with Mandir Bazar Police Station Case No. 270 of 2024 dated 17.06.2024 under Sections 302/120B of the Indian Penal Code.

And In Re: Jagai Naskar Petitioner Mr. Ashok Das Mr. Soumyajit Das Mahaptra Mr. Sourav Mukherjee Ms. Hasi Jana Ms. Madhurai Sinha For the Petitioner Mr. Antarikshya Basu Mr. Atanu Ghosh For the State 1.

The learned Counsel for the petitioner submits that since the petitioner did not accede to the request of the Investigating Officer, a false complainant case has been lodged against the petitioner. It is further submitted that the elder brother of the petitioner was arrested and thereafter released on bail as no evidence could be collected against the elder brother of the petitioner. 2.

The learned Counsel for the State has submitted that the deceased was a victim of mob lynching in which the present petitioner has played an active role.

3.

We have carefully perused the case diary and in view of the fact that there are sufficient incriminating materials implicating the petitioner for the commission of alleged offence and also having regard to the fact that the

statement of the witness implicating the petitioner, we are not inclined to grant anticipatory bail to the present petitioner. 4.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected. (Soumen Sen, J.) (Shampa Dutt (Paul), J.)