Enamul@Inamul@Babu Malitha v. State Of West Bengal

21.04.2021 Item No.239 Ct.No.28 subha rejected C.R.M. 936 of 2021 (Via Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Domkal Police Station No.663 of 2020 dated 06-11-2020 under Sections 341/325/307/34 of the Indian Penal Code read with Sections 3⁄4 of the Explosive Substances Act. And In the matter of : Enamul @ Inamul @ Babu Malitha. ... Petitioner.

Mr. Susingdha Bhattacharyya ... For the Petitioner.

Mr. S. S. Imam Mr. Arabinda Manna ... For the State. Apprehending arrest in connection with Domkal Police Station Case No. 663 of 2020 dated 06-11-2020 under Sections 341/325/307/34 of the Indian Penal Code, the present application has been filed.

Mr. Bhattacharya, learned advocate appearing for the petitioner submits that there is no specific allegation against the present petitioner and he has been falsely implicated in the instant case.

Additionally, learned advocate for the petitioner submits that 15 accused persons are implicated in this case and the petitioner is in similar footing with an accused who has been granted bail.

Learned advocate for the State further submits that although one person has been granted bail but another person is still in custody.

We have perused the case diary and considered the injury report and the statement of the witnesses which reflect the conduct of the present petitioner along with others.

Having regard to the incriminating materials appearing against the present petitioner in the instant case, we are not inclined to extend the privilege of anticipatory bail to the present petitioner and as such, the prayer for anticipatory bail of the present petitioner is rejected. With the above observations, the application being CRM 936 of 2021 is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)