Bibhas Dutta v. State Of West Bengal And ORS.

29.03.2022 Serial no. 35 [Dd] (Anticipatory bail Rejected) CRM(A) 1451 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Ketugram Police Station Case No. 187 of 2021 dated 04.05.2021 under Sections 147/148/149/326/307/302 of the Indian Penal Code (Corresponding to G.R. Case No. 392 of 2021) -AndIn the matter of : Bibhas Dutta ... ...Petitioner Mr. Moyukh Mukherjee, Mr. Abhijit Singh, Mr. Francis Samson Correa, Mr. Shakti Halder, Mr. Sarthak Mondal, Advocates ... ... For the Petitioner Mr. Swapan Banerjee, Ms. Purnima Ghosh, Advocate ... ...For the State Memo of evidence filed in Court be taken on record. Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the police filed charge sheet and, therefore, further detention of the petitioner is not required. He submits that both in the charge sheet as well as in the statement recorded under Section 164 of the Criminal Procedure Code, the role of the petitioner is not of a instigator at best.

Learned advocate appearing for the State submits that the petitioner is named in the statement recorded under Section 161 of the Criminal Procedure Code as well as under Section 164 thereof as one of the person involved

in the incident of murder. He submits that procedure for issuance of proclamation of arrest and attachment was completed.

Considering the materials in the case diary and considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, we are not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

CRM(A) 1451 of 2022 is dismissed.

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