Malay Krishna Das v. State Of West Bengal

09.01.2024 Serial no. 194 Anticipatory bail [Rejected] Dd CRM (A) 4667 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Ghatal Police Station Case No. 284 of 2023 dated 24.08.2023 under Sections 406/420/34 of the Indian Penal Code, 1860.

(G.R. Case No. 917 / 2023) -AndIn the matter of : Malay Krishna Das ... ...Petitioner Mr. Manish Biswas, Advocate ... ... For the Petitioner Mr. Saibal Bapuli, APP Mr. Aruni Bhattacharyya, Advocates ... ...For the State Mr. Soumyajit Das Mahapatra, Ms. Madhurai Sinha, Advocates ... ...For the de facto complainant Petition is taken up for consideration subsequent to order dated October 17, 2023.

By such order, interim anticipatory bail was granted by the co-ordinate Bench.

It is submitted at the Bar that the co-ordinate Bench did not consider the materials in the case diary and passed such order in view of the ensuing Puja vacation.

We perused the materials in the case diary.

Petitioner, State and the de facto complainant are represented.

Learned advocate appearing for the petitioner submits that the petitioner purchased cripto currency by utilising the money received from the de facto complainant, in a Company which was subsequently found to be non-existent.

We find from the records that money was given to the petitioner by the de facto complainant. Such money is yet to be refunded. Goods which was sought to be purchased by utilization of such money was also not delivered to the de facto complainant.

Materials in the case diary suggest requirement of investigation.

Enlarging the petitioner on anticipatory bail at this stage will be inimical to the investigation.

In such circumstances, we are unable to confirm the interim order granted on October 17, 2023 or grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 4667 of 2023 is dismissed.

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