The Court dismissed Tapan Debnath's application for anticipatory bail under Section 438 CrPC, holding it not maintainable as he was not named as an accused in the charge-sheet and thus had no apprehension of arrest.
Application for anticipatory bail dismissed as not maintainable.
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11.12.2020 43 sdas
C.R.M. 8415 of 2020 (via video coferencing)
In Re.: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sankrail Police Station Case No. 545 of 2019 dated 12.07.2019 under Sections 465/468/471/417/420/406/120B of the Indian Penal Code.
And
In Re : Tapan Debnath ….. petitioner
Mr. Subhasish Pachhal Mr. Rameshwar Sinha … for the petitioner Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta …. for the State
Petitioner has not been named as an accused in the charge-sheet. Accordingly, there is no apprehension of the petitioner in connection with this case.
Accordingly, this application for anticipatory bail is
dismissed as not maintainable at present.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)
1 issue framed by the court
Whether an application for anticipatory bail is maintainable when the petitioner is not named as an accused in the charge-sheet.
2 provisions across 2 enactments
Tapan Debnath
The State
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
