Milan Majhi And ORS v. State Of West Bengal And ORS.

19.05.2021 SL No.42 Court No.28 (gc) CRM 1326 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure.

And In the matter of : Milan Majhi & Ors.

- Petitioners Mr. Diptendu Banerjee, ... For the Petitioners.

Mr. Madhusudan Sur, A.P.P.

Mr. Dipankar Paramanick, ... For the State.

It is submitted on behalf of the petitioners that they have been falsely implicated due to political rivalry. The State produces the case diary and opposes the prayer for anticipatory bail. It is submitted on behalf of the State that petitioner No.5 has not been sent up and is not named in the charge-sheet. Therefore, the present application in respect of petitioner No.5 is rejected as infructuous.

With regard to the other petitioners, it appears from the materials available in the case diary including injury report that injury sustained by the victim is grievous in nature. Though charge-sheet has been submitted, it shall not be prudent to grant anticipatory bail in favour of the petitioners in view of the nature and gravity of the offence.

Accordingly, the prayer for anticipatory bail is rejected.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Suvra Ghosh, J.) (Soumen Sen, J.)