Amar Prasad Mondal v. State Of West Bengal

CRM 1604 of 2021 (Via Video Conference) 05.08.2021 Court No.28 Item No.311 (Rejected) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Kanksa Police Station Case No. 226 of 2018 dated 23.07.2018 under Sections 286/34 of the Indian Penal Code read with Sections 3 / 4 of the Explosive Substances Act (G. R. Case No. 1084 of 2018); Akd & As And In the matter of : Amar Prasad Mondal

...Petitioner

Mr. Tirthapati Acharya ...For the Petitioner Mr. S. S. Imam, Mr. Arabinda Manna.

...For the State.

Apprehending arrest in connection with Kanksa Police Station Case No. 226 of 2018 under Sections 286/34 of the Indian Penal Code read with Sections 3 / 4 of the Explosive Substances Act, the petitioner has filed the instant application for anticipatory bail. Learned Advocate for the petitioner submits that the petitioner is in no way connected with the aforesaid offence. He has been falsely implicated therein.

Learned Advocate for the State opposes the prayer for anticipatory bail. It is submitted that the petitioner is the kingpin of sand Mafia group and is also involved in manufacturing the explosives (Bomb).

After hearing the respective submissions and on perusal of the statements of the neighbours recorded under Section 161 of the Code of Criminal Procedure disclosing prima facie complicity of the petitioner to the alleged offence, as the explosion took place in his house, we find that the custodial interrogation of the petitioner is necessary.

Accordingly, the prayer for anticipatory bail is rejected. The application for anticipatory bail, being CRM 1604 of 2021 is thus dismissed.

(Harish Tandon, J) (Bibek Chaudhuri, J.)