Soumyadeep Sasmal v. State Of West Bengal

17.11.2020 Item No.41 Ct.No.11 dc.

Rejected C.R.M. 7888 of 2020 (Through Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Egra P.S. Case No. 340/2020 dated 07.07.2020 under Section 306 of the Indian Penal Code (G.R. No. 623 of 2020). And In the matter of : Soumyadeep Sasmal @ Abhi ... Petitioner.

Mr. Ranadeb Sengupta, Mr. Gobinda Chandra Baidya ... For the Petitioner. Mr. Rana Mukherjee, Ms. Sujata Das ... For the State.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conferencing.

The learned advocate for the petitioner submits that the petitioner is innocent of the charges and has been falsely implicated in the instant case. The learned advocate further submits that the antecedents of the petitioner are above board and the present case has been initiated with an ulterior motive.

The learned advocate appearing for the State opposes the prayer for anticipatory bail and draws the attention of this Court to the statement of the victim (suicide note). We have considered the materials on record and after considering the nature and gravity of the offence, we are of the opinion that custodial detention of the petitioner may be warranted in the facts and circumstances of the case. As such, we are not inclined to extend the privilege of the anticipatory bail. Accordingly, prayer for anticipatory bail is rejected.

(Tirthankar Ghosh, J.) (Subrata Talukdar, J.)