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Calcutta High CourtCRM (A)/4296/2024rejected

Bapi Debnath v. State Of West Bengal

2024-12-11Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Apurba Sinha Ray2 pages

11.12.2024 Ct.No.28 as [REJECTED] C. R. M. (A) 4296 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Berhampore P.S. Case No.1511 of 2024 dated 05.10.2024 under Sections 108/3(5) of the B. N. S. 2023.

In Re: Bapi Debnath.

... ... Petitioner Mr. Kumar Jyoti Tewari, Ld. Sr. Adv., Mr. Manas Kr. Das, Mr. Amrit Sinha, Mr. Aniruddha Tewari. ... ... for the petitioner Ms. Sayanti Santra, Mr. Prakash Mishra.

... ... for the State 1.

Petitioner contends he had business transactions with the victim. Out of depression victim committed suicide. It is further contended custodial interrogation for progress of investigation is not necessary. Accordingly, he prays for anticipatory bail.

2.

Learned Advocate for the State opposes the prayer for anticipatory bail. He places the suicidal note on record. 3.

We have considered the materials on record. Petitioner and the deceased were land brokers. Deceased had reposed faith in the petitioner and had entrusted monies to the latter in course of the business. Petitioner betrayed him and the deceased was put into an extremely oppressive condition. In this backdrop, he had no other option but to take his own life. This state of affairs is poignantly narrated in the suicide note.

4.

The nature of accusation does not persuade us to grant anticipatory bail to the petitioner.

Signed By : ALOK SETH High Court of Calcutta 12 th of December 2024 04:39:15 PM

5.

It is open to the petitioner to appear before the jurisdictional court and pray for regular bail in accordance with law. 6.

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

(Apurba Sinha Ray, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 12 th of December 2024 04:39:15 PM