Calcutta High CourtCRM/464/2021dismissed

Biswanath Bhattacharya @ Biswanath Bhattacharjee v. The State Of West Bengal

2021-09-27Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Abhijit Gangopadhyay3 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT 27.09.2021 AT JALPAIGURI Court No.01 Item No. 23 Rejected Krishnendu CRM 464 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Biswanath Bhattacharya @ Biswanath Bhattacharjee Petitioner Mr. Sabir Ahmed Mr. Hillol Saha Podder For the Petitioner Mr. Aditi Shankar Chakraborty, ld. A.P.P.

Mr. Niloy Chakrabory Mr. Saikat Chatterjee For the State Apprehending arrest in connection with Maynaguri Police Station Case No. 220 of 2019 dated 11.07.2019 under sections 406/409/420 of the Indian Penal Code, 1860, the petitioner has filed the present application.

Mr. Ahmed, assisted by Mr. Saha Podder, learned advocates appearing for the petitioner, submits that the dispute pertains to performance of contract containing an arbitration clause and the

petitioner has been falsely implicated in the present case. Upon completion of investigation, charge sheet has also been submitted and as such custodial interrogation of the petitioner is not necessary. Mr. Chakraborty, learned advocate appearing for the State opposes the petitioner's prayer and submits that there are incriminating materials on record, which clearly reveal the direct involvement of the petitioner in the alleged offence involving an amount of Rs.3,29,49,700/- .

We have heard the learned advocates appearing for the respective parties and considered the materials in the case diary. The allegation against the petitioner is of misappropriation of paddy worth Rs.3,29,49,700/- .

Considering the gravity of the offence, its ramification and the extent of complicity of the petitioner in the alleged offence, we are not inclined to exercise any discretion in favour of the petitioner. Accordingly, the prayer for anticipatory bail is refused. The application for anticipatory bail, being C.R.M. No. 464 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)