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[Cites 8, Cited by 0]

Calcutta High Court (Appellete Side)

Rajeswari Devi Dasi @ vs Unknown on 20 August, 2024

Author: Soumen Sen

Bench: Soumen Sen

20.08.2024
  SL No.23
Court No.29
    (gc)
 (Rejected)
                                           CRM (A) 2868 of 2024

                In Re:- An application for anticipatory bail under section 438 of
                the Code of Criminal Procedure corresponding to Section 482 of
                the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection
                with Nabadwip Police Station Case No.15 of 2024 dated
                08.01.2024 under Sections 420/406/467/468/469/472 of the
                Indian Penal Code.
                                           And
                 In the matter of : Rajeswari Devi Dasi @
                                       Rajeswari Montefusco

                                                                          - Petitioner.
                 Mr. Subhrajyoti Ghosh
                                    ....For the Petitioner.
                 Mr. Debasish Roy, Ld. P.P.,
                 Mr. Arijit Ganguly,
                 Ms. Rajnandini Das
                                       ... For the State.


              1.

The learned Counsel for the petitioner submits that the petitioner is innocent and on the basis of a conversion certificate issued by the BL&LRO on 18th April, 2023, the land was converted.

2. The learned Counsel for the State in opposing the prayer for anticipatory bail has drawn our attention to the seizure list wherefrom it appears that one Mr. Dilu Sk. produced the relevant documents in support of the conversion. However, the BL&LRO has submitted a report with no such conversion certificate has been issued by the BL&LRO in favour of Rajeswari Devi Dasi.

3. Considering the materials available in the case diary and the nature and extent of complicity of the petitioner in the commission of the alleged offence and having regard to the statement of the BL&LRO with regard to the authenticity of the conversion certificate, we are not inclined to grant anticipatory bail to the petitioner.

4. Accordingly, the application for anticipatory bail is rejected. 2

5. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Uday Kumar, J.)