Biswanath Dolai And ORS v. State Of West Bengal

C.R.M. (A) 804 of 2022 22.03.2022 Sl. 85 Court No.29 Sc/SD (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 15.02.2022 in connection with Keshpur P.S. Case No. 150 of 2019 dated 07.07.2019 under Sections 147/148/149/325/326/120B of the Indian Penal Code read with Section 9(b) of the Indian Explosive Act and Sections 25 and 27 of the Arms Act. And In the matter of: Biswanath Dolai & Ors.

....petitioners.

Mr. Abu Jafor Mr. Rameshwar Sinha ...for the petitioners.

Mr. Saibal Bapuli Mr. Soumik Ganguli ...for the State.

Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioners were falsely implicated. Police filed charge sheet and therefore, custodial interrogation of the petitioners is not required.

Learned advocate appearing for the State submits that petitioners are absconding for a period in excess of two years. The police case was registered on July 7, 2019. The petitioners did not approach any court for anticipatory bail. The petitioners are named in the FIR.

Considering the gravity of the offence and the involvement of the petitioners as transpiring from the materials in the case diary and considering their long absconsion, we are unable to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

C.R.M. (A) 804 of 2022 is, thus, dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)