Anarul Sekh And ANR v. State Of West Bengal

Dl.

May 20, C.R.M. 1501 of 2021 In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on February 5, 2021 in connection with Krishnagar Kotwali Police Station Case No. 444 of 2019 dated July 17, 2019 under Sections 272/273/420 of the Indian Penal Code;

And In the matter of : Anarul Sekh & anr.

...petitioners.

Versus

State of West Bengal ...opposite party.

Mr. Prabir Majumder, ...for the petitioners.

Mr. N. Ahmed, Mr. Md. Anowar Hossain, Ms. Sreyashee Biswas, ...for the State.

We have heard the learned advocates appearing for the parties and perused the case diary.

The learned advocate appearing on behalf of the petitioners submits that the petitioners are innocent and that they have been falsely implicated in the instant case. It has been further submitted that they have been apprehended on the basis of the confessional statement extracted by the police. The learned advocate appearing on behalf of the State opposes the prayer of anticipatory bail. It is submitted that apart from confessional statements of the driver and helper of the vehicle, the statement recorded under Section 161 of the Code of Criminal Procedure of the family members of the petitioners would show direct involvement of the petitioners in production and distribution of the adulterated food.

Considering the gravity of the alleged offence as also the

statement recorded under Section 161 of the Code of Criminal Procedure directly implicating the petitioners in the alleged offence, we are of the opinion that this is not a fit case to grant pre-arrest bail to the petitioners. The application for anticipatory bail is, thus, rejected. dns ( Suvra Ghosh, J. ) ( Soumen Sen, J. )