Uday Chettri v. State Of West Bengal

November 05, 2020 srm/ARDR (Serial No. 44) Rejected CRM 8120 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pradhan Nagar Police Station case no. 395 of 2019 dated 08/08/2019 under Section 304 of the Indian Penal Code.

In Re : Sri Uday Chettri ... petitioner.

Mr. Rajdeep Majumder, Mr. Mayukh Mukherjee, .....for the petitioners Mr. Aditi Shankar Chakraborty, Mr. Ujjwal Luksom, Mr. Aniruddha Biswas, ....for the State.

The petitioner claims that the de facto complainant's son, a drug addict, was admitted at a rehabilitation facility run by the petitioner and, upon the death of such son two days after his admission in August, 2020, proceedings have been initiated against the petitioner.

It is submitted on behalf of the State that the petitioner's rehabilitation facility is not authorised and no licence or permission necessary had been obtained by the petitioner. It is the further case of the State that eighteen external injuries were discovered on the body of the deceased and the State apprehends that the petitioner or the rehabilitation centre may have cause the wounds in their attempt to discipline the victim. Considering the material, the petitioner's immediate prayer cannot be acceded to. It is necessary for the petitioner to

be interrogated for the circumstances leading to the death of the victim to be assessed.

CRM 8120 of 2020 is disposed of.

(Arijit Banerjee, J.) (Sanjib Banerjee, J.)