Sri. Chandan Das And ORS v. The State Of West Bengal

24.03.2021 BPG Calcutta High Court In The Circuit Bench at Jalpaiguri CRM 204 of 2021 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Kumargram Police Station Case No.66 of 2013 corresponding to G.R. Case No.358 of 2013 under Sections 406/409 of the Indian Penal Code. And In the matter of: Sri Chandan Das and others .... Petitioners Mr. Kumar Shantanu, Mr. Gautam Phukan ... For the Petitioners Mr. Nilay Chakraborty, Ms. Namrata Das.

... For the State Mr. Sudipto Kumar Mazumdar, Ms. Suman Sehanabis Mandal, Ms. Swarnali Ghosh (Sengupta).

...for the CBI.

Learned counsel for the petitioners submits that the petitioners were enlarged on bail in connection with a different case in Assam. It is submitted that there is no direct evidence against the petitioners as yet and the trial is going on for some time.

Learned counsel for the CBI submits that after the case was transferred to the CBI, several notices were sent to the petitioners for interrogation; however, the petitioners have been avoiding such notices and there is a fair chance of their absconding in the event of grant of anticipatory bail.

Such contentions are refuted by learned counsel for the petitioners.

However, a perusal of the relevant records indicates that there are certain circumstantial evidences regarding the company-inquestion having committed offence as alleged. Since the petitioners are Directors and Managing Directors of the said company, we deem it inappropriate to grant anticipatory bail at this stage, particularly in view of the gravity of the offence having regard to the effect of such offence on common people.

Accordingly, CRM 204 of 2021 is dismissed.

Urgent Photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Sabyasachi Bhattacharyya, J.) (Kausik Chanda, J.)