The court rejected an application for anticipatory bail under Section 438 CrPC in a cheating case. The judge denied bail due to the gravity of the offences and the petitioner's alleged complicity in a racketery.
The prayer for anticipatory bail was rejected and the application was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
03.02.2022 Serial no. 06 Dd
CRM (A) 304 of 2022
In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 1198 of 2021 dated 11.12.2021 under Sections 420/468/471/473/506 of the Indian Penal (G.R. No. 2124 of 2021 ).
-And-
In the matter of : Smt. Nabanita Sarkar
… …Petitioner
Mr. Ayan Bhattacharjee,
Mr. Soumen Bhattacharjee,
Mr. Debabrata Chakraborty, Advocates … … For the Petitioner
Mr. S. S. Imam,
Mr. Arabinda Manna, Advocates … …For the State
Supplementary affidavit filed in Court be taken on record.
Petitioner seeks anticipatory bail.
Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. In any event the petitioner is ready and willing to pay the money alleged to be taken by the petitioner.
Learned advocate appearing for the State submits that the petitioner is involved in a racket whereby members of the public are allured on the promise of Government job for a consideration. Petitioner collected money from the members of the public and issued fake appointment letters.
Considering the gravity of the offence and the complicity of the petitioner therein, we are not inclined to grant anticipatory bail to the petitioner.
2
Prayer for anticipatory bail is rejected . This application for anticipatory bail is dismissed .
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a case alleging cheating and forgery.
Whether the gravity of the offence and complicity warrant the rejection of bail.
2 provisions across 2 enactments
Smt. Nabanita Sarkar
The State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
