Partha Das @ Partha Kumar Das v. State Of West Bengal

21. 10 . 2020 BP/SM CRM 7876 of 2020 With CRAN 1 of 2020 (Via Video Conference) Sl. 28 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Matigara Police Station Case No. 817 of dated 07.08.2020 under Sections 406/420/465/468/471 of the Indian Penal Code. In the matter of : Partha Das @ Partha Kumar Das. . ...petitioner Mr. Arjun Chowdhury ..for the petitioner.

Mr. Arun Sarkar ..for the State.

The petitioner undertakes to appropriately stamp the petition as per the Rules within one month of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

Learned advocate for the petitioner submits that the petitioner is innocent one. Other accused persons have already been granted bail. The petitioner has been falsely implicated in the present case. He should be released on bail.

Mr. Arun Sarkar, learned advocate for the State opposes the prayer for bail and produces the memorandum of evidence. He further submits that the petitioner is the kingpin of that area and the other accused persons have already got anticipatory bail. Therefore, the petitioner should not be granted anticipatory bail and his custodial enquiry is necessary during the trial.

Considering the submissions as advanced by the learned advocates for the parties and after perusing the memorandum of evidence, in our considered view, the petitioner should not be granted anticipatory bail. Accordingly, the prayer for anticipatory bail is rejected.

The application for anticipatory bail being CRM 7876 of 2020 and CRAN 1 of 2020 are disposed of.

(Samapti Chatterjee, J. ) (Aniruddha Roy, J.)