Tapa Bera v. State Of West Bengal

C.R.M. (A) 5606 of 2022 01.12.2022 Sl.42 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nandakumar Police Station Case No.265 of 2022 dated 07/07/2022 under Sections 323/406/419/420/506/120B of the Indian Penal Code, 1860, corresponding to G.R. Case No.2005 of 2022. And In the matter of: Tapan Bera ....petitioner.

Md. Sabir Ahmed Mr. Biswajit Sarkar Mr. Abdur Rakib ... for the petitioner.

Mr. Swapan Banerjee Ms. Purnima Ghosh ... for the State.

Mr. Swapan Kumar Mallick Mr. Mazhar Hossain Chowdhury Ms. Mobashshara Alam ... for the de facto complainant.

Petitioner prays for anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. He seeks further time in complying with the notice under Section 41A of the Code of Criminal Procedure.

Learned Advocate appearing for the State submits that the petitioner is a part of a racket by which, unsuspecting members of the public are lured with the promise of return of investment. In the present case, the racket took a sum of Rs.10,00,000/- in Rs.500/- denomination notes on the promise of return of Rs.12,00,000/- in Rs.100/- denomination notes. State and the de facto complainant are represented. Considering the materials in the case diary, the gravity of the

offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, we are unable to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 5606 of 2022 is dismissed.

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