Hasanur Sk@Hasan Sk And ANR v. State Of West Bengal

CRM 1281 of 2021 14.02.2022 Sl. 56 Court No.29 suvayan (rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Beldanga P.S. Case No. 140 of 2020 dated 16/03/2020 under Sections 498(A)/326/307/34 of the Indian Penal Code and subsequently Section 302 of the Indian Penal Code.

And In the matter of: Hasanur Sk @ Hasan Sk & Anr. ....petitioners.

Mr. Anisur Rahman ... for the petitioners.

Mr. S. G. Mukherji Mr. Partha Pratim Das Mrs. Manasi Roy ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioner No.1 approached the jurisdictional Court and obtained bail. Therefore, the petition is not pressed for the petitioner No.1. The petitioner No.2 was falsely implicated. The police filed charge-sheet. Learned Advocate appearing for the State draws the attention of the Court to the dying declaration of the victim. Considering the fact that the dying declaration of the victim names the second petitioner also and considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant anticipatory bail to the second petitioner. The application for anticipatory bail, being CRM 1281 of 2021, is rejected for the second petitioner and dismissed as infructuous for the first petitioner.

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