Uttam Barman v. State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 23.09.2021 Court No.01 rpan /12 C.R.M. 540 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

and In Re : Sri Uttam Barman

...Petitioner.

Mr. Kalipada Das ... for the petitioner.

Mr. Nilay Chakraborty, Mr. Biswarup Roy ... for the State.

Apprehending arrest in connection with Alipurduar Police Station Case No.397 of 2015 dated 05.10.2015 under Sections 498A/306/109/120B of the Indian Penal Code, 1860, the petitioner has filed the present application. The learned advocate appearing for the petitioner submits that the petitioner is a poor labourer and he was not present at the place of occurrence on the date of the alleged incident. Coaccused persons similarly situated had already been granted bail. Upon completion of investigation charge-sheet has also been submitted and as such, custodial interrogation is not necessary. The learned advocate appearing for the State opposes the petitioner's prayer and submits that the complaint was of the year 2015 and all along the petitioner had been absconding. There are sufficient incriminating materials on record against the petitioner. Having heard the learned advocates and considering the materials in the case diary, the gravity of the offence, the conduct of the petitioner and the extent of complicity of the petitioner in

the alleged offence, we are not inclined to exercise any discretion in his favour. As such, his prayer for bail is refused. Accordingly, the application for anticipatory bail, being CRM 540 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.)