Safiul Alam v. State Of West Bengal

28.01.2021 Item No.177 Ct.No.28 subha rejected C.R.M. 9128 of 2020 with CRAN 1 of 2021 (CRAN application not in the file) (Via Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In the matter of : Safiul Alam ... Petitioner.

Mr. Md. Sabir Ahmed Mr. Shraman Sarkar Mr. Apan Saha ... For the Petitioner.

Mr. Bivas Chatterjee ... For the State. Apprehending arrest in connection with Suri Police Station Case No. 196 of 2020 dated July 20, 2020 under Sections 403/406/409/417/420/120B of the Indian Penal Code and sections 66C/66D, the present application has been filed.

Mr. Ahmed, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. He was not in any manner involved in the alleged offence of misappropriation of government funds pertaining to MGNREGA scheme. He had not used any super ID for transfer of accounts.

Records reveal that a co-ordinate Bench of this Court by an order dated 17th December, 2020 directed that the petitioner shall not be arrested in connection with the present case for a period of three weeks after the X-mas vacation.

Learned advocate for the State opposes the petitioner's prayer and submits that there are documents on record which clearly indicate that the petitioner is responsible towards siphoning of government funds. The petitioner had not cooperated with the investigating officer even after the interim order was passed on 17th December, 2020.

Prima facie it appears from the documents in the case diary that the petitioner was involved towards alteration of the original database and transfer of an amount of Rs.1,30,11,257/-.

In the said conspectus and considering the gravity of the offence and the extent of complicity of the petitioner in the alleged offence, we are not inclined to grant anticipatory bail to the petitioner.

Accordingly, the prayer for bail is rejected. The application being CRM 9128 of 2020 along with CRAN 1 of 2021 is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)