Calcutta High CourtCRM (A)/1073/2023dismissed as rejected

Chandan Patra @ Chandan Patar @ Buddhadev Patra And ANR v. State Of West Bengal

2023-03-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

29.03.2023 Serial no. 06 [Dd] (Anticipatory bail) (Rejected) CRM (A) 1073 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Digha Police Station Case No. 93 of 2022 dated 08.11.2022 under Sections 302/34 of the IPC.

-AndIn the matter of : Chandan Patra @ Chandan Patar @ Buddhadev Patra & Anr.

... ...Petitioners Mr. Sabir Ahmed, Mr. Biswajit Sarkar, Advocates ... ... For the Petitioners Mr. Saswata Gopal Mukherji, ld. PP Mr. Partha Pratim Das, Ms. Eshita Dutta, Advocate ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. The petitioners rescued the victim and took the victim to the hospital. He submits that there is an appeal pending as against the order of the writ Court dated February 20, 2023 passed in WPA 17570 of 2022.

Learned advocate appearing for the State submits that two persons recorded statements under Section 164 of the Criminal Procedure Code. One of such statement was directed to be expunged by order dated February 20, 2023 passed in WPA 17570 of 2022. Police took steps in terms of the order of the writ Court. Proclamation as against the petitioners was issued. The postmortem report states that the death of the

victim was due to effects of injuries therein ante-mortem in nature.

The postmortem report contains number of external injuries on the body of the victim.

The surviving statement recorded under Section 164 of the Criminal Procedure Code which is of the wife of the victim states that, the victim was assaulted by the number persons which includes the petitioners.

In view of such materials in the case diary, the gravity of the offence and the involvement of the petitioners, we are unable to grant anticipatory bail to the petitioners. Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 1073 of 2023 is dismissed.

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