Sk. Babul Ali And ORS v. State Of West Bengal

31.03.2022 Ct. No 29 KAUSHIK (REJECTED) C.R.M. (A) 1496 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jagacha Police Station Case No. 82 of 2022 dated 29.01.2022 under Sections 448/323/325/307/427/120B/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act. And In Re : Sk. Babul Ali & Ors.

..... petitioners Mr. Sudipto Moitra Mr. Subhasish Pachchal ... for the petitioners Mr. Binoy Kumar Panda Mr. Subhas Kanti Bhakat ... for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that, there is a civil suit pending. There is an order passed in the civil suit. The petitioners were falsely implicated. Two of the co-accuseds were granted bail by the Jurisdictional Court. Learned advocate appearing for the State submits that, prayer for bail of one of the co-accused was turned down by this Hon'ble Court. He submits that, the petitioners claimed themselves to be the owner of the land in dispute. The petitioners caused a JCB to run over the persons sleeping on the land in question at mid night. He refers to the materials in the case diary.

Considering the gravity of the offence and the involvement of the petitioners therein and considering the materials in the case diary implicating the petitioners therein, we are unable to enlarge any of the petitioners on anticipatory bail.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 1496 of 2022 is dismissed.

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