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Calcutta High CourtCRM (A)/1132/2022dismissed

Tagari Roy And ORS v. State Of West Bengal

2022-03-08Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

08.03.2022 Ct. No 29 KAUSHIK (REJECTED) C.R.M. (A) 1132 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jagatballavpur Police Station Case No. 118 of 2020 dated 06.08.2020 under Sections 302/120B of the Indian Penal Code. And In Re : Tagari Roy & Ors.

..... petitioners Mr. Mrityunjoy chatterjee Mr. Debapriya Majumdar .... for the petitioners Mr. Rudradipta Nandy Mr. Antarikhya Basu ... for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that, there is a history of litigation between the private parties. There is a civil suit pending. There is a previous police complaint also. He draws the attention of the Court to the fact that the first two petitioners are ladies. The third petitioner is of 67 years of age.

Learned advocate appearing for the State in response to a query of the Court submits that, the police filed charge-sheet. He draws the attention of the Court to the statement recorded under Section 161 of the Code of Criminal Procedure (Cr.P.C.) of two of the eye witnesses.

Learned advocate appearing for the petitioners submits that, the eye witnesses are interested witnesses as they are parties in the civil suit.

Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials

available in the case diary, we are unable to grant anticipatory bail to the petitioners.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 1132 of 2022 is dismissed.

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