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DISTRICT: - NORTH 24 PARGANAS.

IN THE COURT OF THE LEARNED DISTRICT AND SESSION JUDGE AT BARASAT

Ref : - C.M.C. NO. ……………/22

In the matter of : -
An application U/S 439 of Cr.p.c

In the matter of : -
Bidhannagar Electronic complex Police
station case no. 197/22 dated
28/11/2022 under section
406/420/467/471/120B/34 of Indian
Penal Code.

In the matter of : -
Biplap Kumar Sinha Mahapatra
S/o Raksha sankar Sinha
Mahapatra
Of Vill- Tilabari, P.s- Simlapal, Bankura,
A/P-Rosedel tower 2, 3/5, Flat no-13B,
P.S- Technocity.

………Petitioner/accused.

-Versus-

The State Of WestBengal

………….O.P.

This humble petition on behalf of the

above named petitioner.

Most Respectfully Sheweth :

1. That your petitioner is peace loving bonafide and law abiding citizen of India
and having permanent address of residence.

2. That the prosecution story in nutshell is that on 28/11/22 the de-facto

complainant lodged a complaint on electronic complex Police Station against
Biplab Kumar Sinha illegal company of Talento Aviation Services Pvt at 3 rd
Floor, DN Block , Salt Lake, Sector , Kolkata-700091 to the effect that in the
month of June 2022 the complainant contacted the accused person for
seeking job in Air India Airlines Cabin Crew. The complainant deposited a sum
of Rs, 6,65,000/- (six lakhs Sixty Five thousand) to get a job with reputed
Airlines. They provided the complainant with a fake appointment letter in the
name of Air India Airlines at Indira Gandhi International Airport (DEL) from
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1/7/22 via email on finding that the appointment letter was fake the
complainant asked the accused person to return his money. On the basis of
this typed complaint Electronic Complex Police Station 197/22 dated
28/11/22 Under Section 406/420/467/471/120B/34 of Indian Penal Code
and as per order of D.C.D.D, Bidhannagar police commissionerate dated
29/11/22, the above referred case was endorsed to inspector Chandan
Chakraborty of DDBDNPC.

3. That the accused person has been falsely implicated into the case and that can
be clearly shown from the complain itself. The de-facto complainant has tried
to frame some false story and on the basis of that the instant case has been
initiated and as such there is no iota of truth.

4. That the accused person above named has been arrested in connection with
the case on 08/12/2022 and he is languishing behind the bar and the Ld.
A.C.J.M at Bidhannagar was pleased to reject the bail application of the
accused on different occasions and as such there is no alternative but to file
this application under section 439 of Cr.P.C before your honours court for
obtaining an order of anticipatory bail on the following other grounds...

GROUNDS

i. For that the Petitioner is totally innocent and falsely implicated in this
case.

ii. For that the accused person has falsely implicated into this case. That
there is no material at all which indicate the culpability of the accused
person and till date the investigating agency failed to show any prima
facie evidence to established the guilt of the accused person.

iii. For that the above noted accused person is in detention on 08/12/2022
without any fruit full purpose connected to the instant case.

iv. For that the accused person has been remanded to p.c. but during p.c
period there is no development in regard to the investigation of the
instant case.

v. For that it is pertinent to mention here the instant case has been
amicably settled out between the De-facto complainant and the above
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sated accused persons by intervention of common friends and well

wishers and the de-facto complainant duly received alleged amount of
Rs. 6,65,000/- (Rupees six lakhs Sixty Five thousand) from the family
members of the accused persons in connection with the instant case.

vi. For that the accused person is in custody for long period of time without
any fruit full development to the investigation.

vii. For that the accused person has been falsely implicated into this case
and the accused is no more required for the investigation.

viii. For that the Petitioner under take to abide by any stringent terms and
condition in the event of their getting an order of bail from Your Honour’s
Court.

ix. For that if the bail is granted to the accused person she shall not misuse
the same.

x. For that the allegations levelled in the letter of complainant is totally

vague and concocted.

xi. For that the petitioner is a well educated person and a member of a
respectable family and having reputations in the society, will face the
trial and there is no chance of his abscontion.

xii. For that the Ld. Court below has turned down the bail application of the
accused person on 17/12/2021

xiii.For that the petitioner has not filled any application before the Hon’ble
High Court. And no such application is pending before any Court.

5. That your petitioner cravers leave to agitate further fact and issue and
submits document at the time of hearing.

Hence, it is most humbly prayed that

your honour would graciously be pleased
to issue rule upon the state and call for
C/D from E.C.P.S Bidhannagar and fix
up a date for hearing and to grant bail
u/s 439 of Cr.P.C and/or orders as your
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Honour may deem fit and proper for the

ends of justice,

And for this act of kindness your petitioner as in duty bound shall ever pray.