Tutu Ghosh And ORS v. State Of West Bengal And ORS.

15.03.2022 Serial no.33 Aloke Ct. No. 29 CRM (A) 1244 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10.03.2022 in connection with Muchipara Police Station Case No. 62 of 2022 dated 26.02.2022 under Sections 326/379/34 of the of the Indian Penal Code read with Sections 25(1B)(A) of the Arms Act. -AndIn the matter of : Tutu Ghosh & Ors.

... ...Petitioners Mr. Subhabrata Chowdhury, Advocate Ms. Tr ipti Pandey, Advocate Mr. Biswajit Ghoswami, Advocate Mr. Gopal Chandra Mandal, Advocate ... ... For the Petitioners Mr. Shiladitya Banerjee, Advocate ... ... For the State Mr. Rudradipta Nandy, Advocate Mr. Anish Biswas, Advocate Ms. Sanjana Saha, Advocate ... ... For the de facto complainant Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that since the petitioner no. 3 was arrested, the present application may be treated as dismissed as not pressed so far as petitioner no. 3 is concerned. Consequently, CRM (A) 1244 of 2022 is dismissed as not pressed on behalf of the petitioner no.3. Learned Advocate appearing for the petitioners submits that so far as petitioner nos. 1 and 2 are concerned, there were falsely implicated. The police complaint is a result of a political vendetta since the petitioner subscribe to a political ideology and took out a procession with regard to a political incident. Learned Advocate appearing for the State draws the attention of the Court to the statement of the injured suffering grievous injuries.

The de facto complainant is represented.

Considering the gravity of the offence and the involvement of the petitioner nos. 1 and 2 as transpiring from the materials available in the case diary including the injury report of the victim and the statement of the victim, we are unable to grant anticipatory bail to the petitioner nos. 1 and 2.

CRM (A) 1244 of 2022 is rejected.

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