Subal Ghosh v. State Of West Bengal

15.03.2023 Ct. No. 29 CHC Rejected C.R.M.(A) 869 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Santipur Police Station Case No.73 of 2022 dated 27.01.2022 under Sections 302/34 of the Indian Penal Code. And In the matter of: Subal Ghosh ...... petitioner Mr. Tapas Kumar Mondal, Ms. Ipsita Halder ....for the petitioner Mr. Rudradipta Nandy, Mrs. Sonali Das ...for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner is of advanced age and due to medical condition should be considered favourably for grant of anticipatory bail. He submits that, the petitioner was not involved in the incident.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that police filed chargesheet.

There are statements recorded under Section 161 of the Criminal Procedure Code which implicates the petitioner as one

of the persons involved in the assault leading to the murder of the deceased.

Considering the gravity of offence and materials in the case diary and the involvement of the petitioner in the incident of murder, we are unable to grant anticipatory bail to the petitioner.

CRM (A) 869 of 2023 is rejected.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)