Ghanashyam Jaiswal v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 20.09.2021 Court No.01 rpan /69 C.R.M. 239 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Ghanashyam Jaiswal - Petitioner.

Mr. Debajit Kundu, Mr. Subhankar Dutta ... for the petitioner.

Mr. Ujjwal Luksom, Mr. Tapan Bhattacharjee ... for the State.

Apprehending arrest in connection with Jaigaon Police Station Case No.199 of 2018 dated 24.09.2018 under Section 407 of the Indian Penal Code, the petitioner has filed the present application.

Mr. Kundu, learned advocate appearing for the petitioner submits that that the petitioner has been falsely implicated. His name has transpired on the basis of the statement of a co-accused person. The allegations levelled against him are unfounded and in the said conspectus, custodial interrogation is not warranted. The learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary including the seizure list and the statement of the persons arrested. He further submits that investigation is still in progress.

Having heard the learned advocates and considering the nature of allegations and since the investigation is still in progress,

we are not inclined to exercise any discretion in favour of the petitioner. Accordingly, his prayer for anticipatory bail is refused. The application for anticipatory bail, being CRM No. 239 of 2021 is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Abhijit Gangopadhyay, J.) (Tapabrata Chakraborty, J.)