Manoj Kumar Dey Sarkar @ Chhotu v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 22.04.2024 AT JALPAIGURI Court No.01 Item No. 179 Rejected sg CRM (A) 251 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Dinhata Police Station Case No. 51 of 2024 dated 23.01.2024 under Sections 302/379/34 of IPC. And In Re: Manoj Kumar Dey Sarkar @ Chhotu.

Petitioner Mr. Sudip Guha Mr. Sandip Guha Roy Mr. Ananda Paul For the Petitioner Mr. Sourav Ganguly Ms. Sukanya Adhikary For the State

1. We have heard the learned Counsel for the parties. It is submitted on behalf of the petitioner that the present accused petitioner is in no way involved in the alleged crime.

2. While opposing the prayer for anticipatory bail, the learned Counsel for the State has submitted before this Court that the present accused petitioner is the FIR named person and it is revealed that immediately before the homicidal death of the victim, the deceased was in the company and/or in the house of the petitioner.

3. From the materials as placed before this Court, we find that admittedly the death is homicidal in nature and there are materials to the effect that immediately prior to her death, the deceased was taken to the house of the present petitioner.

4. Considering the entire scenario, we cannot rule out the role of the present accused petitioner in the alleged crime and accordingly we are not inclined to exercise our discretion under Section 438 of the Code of Criminal Procedure in favour of the petitioner.

5. Accordingly, the prayer for anticipatory bail of the petitioner is considered and rejected.

6. CRM(A) 251 of 2024 is, thus, dismissed.

(Soumen Sen, J) (Partha Sarathi Sen, J)