Alihim Sekh And ORS. v. State Of West Bengal

08.01.2024 Item No.27 Ct. No. 29 CHC Rejected C.R.M.(A) 15 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 307/2023 dated 20.05.2023 under Sections 326/307/34 of the Indian Penal Code, 1860. And In the matter of : Alihim Sekh & ors.

...... petitioners Mr. Kushal Kumar Mukherjee, Ms. Pranidhi Singh ....for the petitioners Mr. Madhusudan Sur, Ld. A.P.P.

Mr. Shiladitya Banerjee ....for the State Petitioners pray for anticipatory bail.

Police filed charge-sheet initially under Section 307 of the Indian Penal Code, 1860 and subsequent to the death of the victim charge-sheet under Section 302 of the Indian Penal Code thereof.

Petitioners are named in statements of eyewitnesses recorded under Section 164 of the Criminal Procedure Code as persons who assembled along with the principal assailants who fired firearm at the victim.

Complicity of the petitioners in the incident cannot be overlooked.

Considering the gravity of the offence and involvement of the petitioners therein as transpiring from the materials in the Case Diary, we are unable to grant anticipatory bail to the petitioners.

This application for anticipatory bail is, thus, rejected. CRM(A) 15 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)