Anarul Sk. v. State Of West Bengal

09.04.2021 Item no.146 Court No.28 Avijit Mitra C.R.M. 1562 of 2021 (through video conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Ranitala Police Station Case No.181 of 2020 dated 18.04.2020 under Sections 341/302/34 of the Indian Penal Code;

And In Re : Anarul Sk.

.... Petitioner Mr. Anisur Rahaman ...for the petitioner Mr. Madhusudan Sur, Mr. Dipankar Paramanick ...for the State Learned counsel appearing for the petitioner submits that because of free fight between the neighbours regarding construction of a wall some persons sustained injuries. The petitioner is no way involved in the commission of offence.

Learned advocate appearing for the State opposes the prayer for bail and has brought to our notice that order passed by a Co-ordinate Bench on 28th August, 2020 in relation to other co-accused.

Upon considering the post-mortem report and the statement of the witnesses under Section 161 of the Code of Criminal Procedure it appears that multiple injuries were caused on the scalp of the victim and it also further appears that the petitioner stands on the same footing as that of Ayanul Haque alias Aynul Haque in C.R.M. No.6002 of 2020 on 28th August, 2020.

We have been informed that the trial has progressed and two witnesses have already been examined and on such consideration we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

The application being C.R.M. No.1562 of 2021 is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.) (Soumen Sen, J.)