Swapan Mandal And ORS v. State Of West Bengal

(AD) 11.03.2022 C.R.M. (A) 1195 of 2022 Court No.29 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak P.S. Case No.576 of 2021 dated 04/06/2021, corresponding to Charge Sheet no.748/21 dated 31.08.2021 under Sections 341/363/326/307/34 of the Indian Penal Code, 1860. And (Rejected) In the matter of: - Sri Swapan Mandal & Ors.

...petitioners.

Mr. Sandipan Ganguly Mr. Debangan Bhattacharjee Ms. Swarnali Saha ... for the petitioners.

Mr. Saswata Gopal Mukherjee, Ld. PP Mr. Sabhra Mukherjee Ms. Manisha Sharma ...for the State.

Petitioners renew the prayer for anticipatory bail. Learned Advocate appearing for the petitioners submits that one of the co-accuseds was granted anticipatory bail by the coordinate Bench.

Learned Advocate appearing for the State draws the attention of the Court to the contents in the case diary including the injury report and the statement recorded under Section 164 of the Code of Criminal Procedure.

Considering the fact that the statement recorded under Section 164 of the Code of Criminal Procedure implicates the petitioners and considering the grievous nature of injury suffered and considering the fact that there is hardly any material change

in circumstances subsequent to the earlier order of rejection of the prayer for anticipatory bail of the petitioners, we are unable to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

C.R.M. (A) 1195 of 2022 is dismissed.

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