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Calcutta High CourtCRM (A)/4122/2023rejected

Dibyendu Khan v. State Of West Bengal

2023-10-12Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (A) 4122 of 2023 12.10.2023 ML. 33 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 553 of 2023 dated 18.08.2023 under Sections 406/420 IPC.

And In the matter of: Dibyendu Khan ....petitioner.

Mr. Suman Das Adhikary ...for the petitioner.

Mr. Swapan Banerjee Mr. Suman De ...for the State.

1. Heard learned Counsel for the parties.

2. In the instant case, it has been alleged that on a false plea of giving a government job the present petitioner along with another co-accused person allured the informant to pay money to them for which the informant had given Rs. 3 lakhs by way of cheque.

3. From the materials as collected by the I.O. and as available in the CD, it reveals that a cheque of Rs. 2 lakhs has been issued in the name of the present petitioner and that amount has been credited in the account of the present petitioner.

4. Considering the seriousness of the crime, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioner.

5. Accordingly, the prayer for anticipatory bail is rejected.

6. The application being CRM (A) 4122 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)