Ratan Das And ANR v. State Of West Bengal

54.

15.09.2021 Ct.32 Tanmoy Rejected C.R.M. 2563 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10/03/2021 in connection with Saktipur Police Station Case No. 103 of 2020 dated 18/08/2020 under Sections 341/326/307/34 of the Indian Penal Code.

Charge-sheet under Sections 341/323/326/307/34 of the Indian Penal Code.

And In the matter of: - Ratan Das & Anr.

....petitioners.

Md. Golam Nure Imrohi ...for the petitioners.

Mr. Bidyut Kr. Roy, Ms. Rita Datta ...for the State.

The petitioners have been charged with commission of offences punishable under Sections 341/323/326/307/34 of the Indian Penal Code. The petitioner no.2 is the son-in-law of the petitioner no.1. The petitioners say that they have no involvement in the alleged incident. The petitioner no.2 is a resident of a different place and not where the victims reside. The principal accused was taken into custody and was enlarged on bail by the learned trial Court. Charge-sheet has already been submitted.

We have seen the statements of witnesses recorded under Section 161 of the Code of Criminal Procedure. The statements specifically implicate the present petitioners. From the injury reports it appears that the injury suffered by one of the victims

is grievous in nature. Hensua was used to cause grievous bodily harm to that victim.

On an overall assessment of the facts and circumstances of the case and the material on record and considering the nature and gravity of the alleged offence and the possible extent of complicity of the petitioners therein, we are not inclined to allow this application for anticipatory bail. Accordingly, the application for anticipatory bail being C.R.M. 2563 of 2021 is dismissed.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)