The single-judge bench dismissed the petitioner's application for bail under Section 439 CrPC. Rejecting the prayer based on the nature of charges under the IPC and prior rejections by both this Court and the Supreme Court, the judges were not inclined to entertain the renewed request.
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32. 28.09.2021 Ct.32 Tanmoy Rejected
C.R.M. 5396 of 2021
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 12/08/2021 in connection with Special Case No. 52 of 2021 arising out of Habra Police Station Case No. 357 dated 26/04/2018 under Sections 420/406/409 of the Indian Penal Code.
And
In the matter of: - Rajdeep Roy …petitioner. Mr. S. Mitter, Mr. Joy Chakraborty …for the petitioner. Mr. Ranabir Roy Chowdhury, Mr. Rudradipta Nandy, Mr. Mainak Gupta …for the State.
The petitioner renews his prayer for bail. His prayer was first rejected on November 5, 2020 in C.R.M. 8668 of 2020. The second time his prayer was rejected on February 5, 2021 in C.R.M. 10749 of 2020. Against that order the petitioner went up to the Hon’ble Supreme Court by way of Special Leave Petition which was dismissed by an order dated June 1, 2021.
The petitioner says that if he is enlarged on bail, he undertakes to liquidate the dues of the Government which are to the tune of Rs.3,00,00,000/- approximately, in six installments.
We have considered the material in the Case Diary and the fact that twice before the petitioner’s prayer was rejected by this Court and the Hon’ble Supreme Court did not interfere with the order rejecting the petitioner’s prayer on February 5, 2021. We are told that charge-sheet has been submitted. Thereafter
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only the petitioner could be apprehended and then supplementary charge-sheet has been submitted.
In view of the nature of the charge and the conduct of the petitioner and the earlier rejections of his prayer for bail, we are not inclined to entertain the petitioner’s prayer for bail, at this stage.
Accordingly, the application for bail being C.R.M. 5396 of 2021 is dismissed .
All parties shall act in terms of server copy of this order downloaded from the official website of this Court.
(Bivas Pattanayak, J.) (Arijit Banerjee, J.)
2 issues framed by the court
Whether a plea for bail, after repeated rejections by this Court and the Supreme Court, should be entertained given the charge and prior conduct.
Whether the pledge to liquidate government dues warrants reconsideration of the bail application after prior dismissals.
2 provisions across 2 enactments
Rajdeep Roy
State
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
