Shakuntala Karmakar And ANR. v. State Of West Bengal

28.04.2025 Sl. No.06 Ct. 28 NB C.R.M. (A) 1050 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kashipur P.S. Case No.13 of 2025 dated 12.01.2025 under Sections189(2)/191(2)/193(3)/329(3)/329(4)/126(2)/109/326(g)/305/ 324(5)/351(3)/61(2)/310(5)/310(2)/308(2)/190 of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of : Shakuntala Karmakar & Anr. ... petitioners Mr. Debanshu Ghorai.

...for the petitioners.

Mr. Iqbal Kabir, Ms. Sana Naaz.

...for the State.

Mr. Ankit Agarwala ...for the de facto complainant.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no.1 is an ICDS worker. The petitioner no.2 is a student. It has been alleged that about 70 to 80 persons had attacked the company's factory in question after a dumper belonging to the company injured an individual. Six of the accused are on bail and four were granted anticipatory bail by the Sessions Judge.

Learned counsel appearing on behalf of the de facto complainant submits that for some time there had been demands for money made by the extortionists. The assailants tried to put fire on a diesel tanker, among other things. Lives could have been lost.

Learned counsel appearing on behalf of the State relies on the statement of an eyewitness recorded before the learned Magistrate. He has named the petitioners specifically along with another. He also stated that if the diesel tank, which was put on fire, had burst at least 100 to 150 persons would have died. In view of the incriminating materials appearing against the present petitioners, especially in view of the statement of an eyewitness recorded before the learned Magistrate, I am not inclined to grant anticipatory bail to the petitioners. The application for anticipatory bail being CRM(A) 1050 of 2025 is, thus, rejected.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)