Abhiram Roy v. State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 20.09.2021 Court No.01 rpan /72 C.R.M. 260 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Sri Abhiram Roy - Petitioner.

Mr. Kalipada Das ... for the petitioner.

Mr. Ujjwal Luksom, Ms. Namrata Das ... for the State.

Apprehending arrest in connection with Alipurduar Police Station Case No.416 of 2020 dated 20.09.2020 under Sections 448/323/325/306/506/34 of the Indian Penal Code, the petitioner has filed the present application. Mr. Das, learned advocate appearing for the petitioner submits that that the petitioner has been falsely implicated. The ingredients of Section 306 of the Indian Penal Code are not satisfied. The victim committed suicide by hanging one day after the alleged incident.

In the said conspectus, custodial interrogation is not necessary.

Mr. Luksom, learned advocate appearing for the State opposes the petitioner's prayer and submits that a co-accused person, namely, Dilip Shil Sharma surrendered before the learned court below and obtained regular bail. He further submits that investigation is still in progress.

Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, the nature of allegations, the post-mortem report and the extent of complicity of the petitioner in the alleged offence, we are not inclined to exercise any discretion in his favour. Accordingly, his prayer for anticipatory bail is refused.

The application for anticipatory bail, being CRM No. 260 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.)