Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Sri Parimal Barua on 2 November, 2017
1 2.11.2017
C.R.M. 9024 of 2017 REJECTED 152 Sc In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 7th September, 2017.
And
In the matter of : Sri Parimal Barua
Petitioner.
Mr. Mukteswar Maity
..... For the Petitioner.
Mr. Rudradipta Nandy
...... For the State.
Apprehending arrest in course of investigation of Bagdogra Police Station FIR No.176 of 2017 dated 3.7.2017 under section 420 of the Indian Penal Code, the petitioner has applied for anticipatory bail.
We have heard learned advocates for the parties and perused the materials in the case diary, more particularly the statement recorded under section 161 of the Code of Criminal Procedure (hereafter the Cr.P.C.) and the statement of account in respect of the bank account maintained by the petitioner. A sum of Rs.1,55,000/- appears to have been duly credited in his account. This supports the FIR version. There is no proper explanation as to how and why such amount was credited, if at all the FIR version is unbelievable.
Having regard to the level of complicity of the petitioner, as revealed from the case diary, we are of the considered view that this is not a fit and proper case where discretionary jurisdiction ought to be exercised in his favour.
The application, thus, stands rejected.
(Rajarshi Bharadwaj, J.) (Dipankar Datta, J.)