Nimai Das v. State Of West Bengal

23.12.2020 Sl. No.111 akd [Rejected] C. R. M. 10619 of 2020 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 14.12.2020 in connection with Chakdaha Police Station Case No. 8 of 2018 dated 06.01.2018 under Sections 328/304/34 of the Indian Penal Code.

And In Re: Nimai Das ... ... Petitioner Ms. Joyita Roy .. Advocate ... ... for the petitioner Mr. Ranabir Roy Chowdhury .. Advocate Mr. Mainak Gupta .. Advocate ... ... for the State It is submitted on behalf of the petitioner that he is a septuagenarian. It is further submitted that the petitioner is not the principal accused.

Learned advocate appearing for the State opposes the prayer for anticipatory bail and submits that the victim made an oral dying declaration implicating the petitioner.

We have considered the statements of witnesses wherefrom role of the petitioner in offering food mixed with poison to the victim transpires. In view of the aforesaid fact and bearing in mind the gravity of the offence, we are not inclined in granting anticipatory bail to the petitioner.

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

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)