Pallab Dhali v. State Of West Bengal

04.10.2021 Item no. 20 Court No.32.

S.De (Rejected) (Via Video Conference) CRM No. 2597 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 Talpatighat Coastal Police Station Case No. 09 of dated 05.03.2021 under Sections 341/448/354/354(B)/323/325/506/34 of the Indian Penal Code and Sections 3 /4 of E.S. Act.

And In the matter of : Pallab Dhali.

......Petitioner.

Mr. Sanjib Bandyopadhyay, Advocate, ......for the Petitioner.

Mr. Binay Panda, Advocate, Mr. Subham Bhakat, Advocate, Ms. Puspita Saha, Advocate, ......for the State.

The petitioner says that this complaint has been prompted by political motives. The petitioner and other accused persons had assembled for election campaigning. However, members of an opponent political party have lodged this false complaint against them. They had no intention to commit any dacoity.

We have seen the material in the case diary including the seizure list. Two live bombs and a sword were seized from the premises of the present petitioner. We have also seen

statements of witnesses including eyewitnesses which prima facie implicate the petitioner.

Learned advocate for the parties are unable to apprise us definitely as to whether or not charge-sheet has been submitted. In any event, on an overall assessment of the material on record and prima facie incriminating material against the petitioner, we are not inclined to allow the petitioner's prayer for anticipatory bail.

Accordingly, CRM 2597 of 2021 is dismissed.

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