Bikash Biswas And ANR v. State Of West Bengal

CRM 1280 of 2021 (Via Video Conference) g.b.

14.06.2021 Court No.28 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re: - Bikash Biawas & Anr.

Petitioners Ms. Minoti Gomes Mr. Partha Sarathi Das Mr. Sourav Bhattacharyya For the Petitioners Mr. N. Ahmed, Ld. A. P. P.

Mr. Binay Panda Ms. Puspita Saha For the State Apprehending arrest in connection with Hanskhali Police Station case no. 3 of 2021 dated 03.01.2021 under Sections 341/326/506/34 of the Indian Penal Code, the present application has been preferred.

Ms. Gomes, learned advocate appearing for the petitioners submits that there was a previous dispute between the parties and they have been falsely implicated in the alleged incident, which occurred on 3rd of January, 2021.

No overt act has been attributed to the petitioners and in view thereof, custodial interrogation is not necessary. Mr. Panda, learned advocate appearing for the State opposes the petitioners' prayer for anticipatory bail and draws our attention to the statement of the injured witnesses as recorded under Section 161 of the Code of Criminal Procedure and the injury report.

Having heard the learned advocates appearing for the parties and considering the materials in the case diary, the gravity of the offence, the injury report and the extent of complicity of the petitioners in the alleged offence, we are not inclined to grant anticipatory bail to the petitioners. Accordingly, the application for anticipatory bail being CRM 1280 of 2021 is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Kausik Chanda, J.) (Tapabrata Chakraborty, J.)