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Calcutta High CourtCRM(A)/605/2023rejected

Chandan Paul @ Sudip Paul @ Sudip Pal v. The State Of West Bengal

2023-08-23Hon'Ble Justice Moushumi Bhattacharya,Hon'Ble Justice Prasenjit Biswas2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 23.08.2023 Court No.1 Item.50 (sg/ks) CRM(A) 605 OF 2023 In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure.

And In the matter of: Sri. Chandan Paul @ Sudip Paul @ Sudip Pal . .. . . . . .Petitioner.

Mr. Kumar Shantanu For the Petitioner.

Mr. Kallol Acharjee Ms. Sukanta Adhikary For the State

1. It is submitted on behalf of the accused petitioner that he is completely innocent and has been falsely entangled with the offence alleged. He further submits that there are no ingredients, which may attract the provision of Sections 363/ 365 of the Indian Penal Code. So he prays that the custodial interrogation in respect of the accused petitioner does not appear to be necessary.

2. Learned counsel appearing for the State vehemently opposes the prayer for anticipatory bail and submits that the victim has not yet been recovered and there are sufficient incriminating materials, which

reflects about the prima facie involvement of the accused petitioner with the alleged offence and the investigation process is still going on.

3. Considering the entire materials and submissions advanced by both the parties, we are not inclined to grant the anticipatory bail of the accused petitioner.

4. CRM(A) 605 OF 2023 is accordingly rejected and disposed of in terms of the above.

5. This order does not prevent the prosecuting agency to take expeditious steps for submitting the charge-sheet. (PRASENJIT BISWAS,J.) (MOUSHUMI BHATTACHARYA,J.)