Dipak Das @ Dipak v. State Of West Bengal
10.01.2024 Item No.22 Ct. No. 29 CHC Rejected C.R.M.(A) 4815 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 931 of 2023 dated 25.07.2023 under Sections 406/420/34 of the Indian Penal Code, 1860. And In the matter of : Dipak Das @ Dipak ...... petitioner Md. Wasim Akram ....for the petitioner Mr. Binay Panda, Mr. Subham Bhakat ....for the State Petition is taken up for consideration subsequent to the order dated October 17, 2023 passed by the co-ordinate Bench. By such order, the coordinate Bench granted interim anticipatory bail to the petitioner.
It is submitted at the bar that, such order was passed without consulting the materials in the Case Diary and in view of the ensuing Puja Vacation.
We perused the materials in the Case Diary.
We find that, petitioner was involved in persuading the de facto complainant to part with sum of Rs.1,50,000/- in order to find antique idols of goddess.
Materials in the Case Diary makes out a case for investigation.
Enlarging the petitioner on anticipatory bail will be inimical to the investigation.
In such circumstances, we are unable to confirm the interim order dated October 17, 2023 or grant anticipatory bail to the petitioners.
This application for anticipatory bail is, thus, rejected. CRM(A) 4815 of 2023 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)