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Calcutta High CourtCRM (A)/1835/2022dismissed

Sanat Deoyan @Guye v. State Of West Bengal

2022-04-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

22.04.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 1835 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khanakul Police Station Case No. 179 of 2021 dated 04.05.2021 under Sections 147/148/448/302/354(B)/427/379/506 of the Indian Penal Code read with Sections 3/ 4 of the Explosive Substances Act. And In Re : Sanat Deoyan @ Guye ...... petitioner Mr. Niladri Sekhar Ghosh Ms. Sompurna Chatterjee Mr. Sourav Mondal ....for the petitioner Mr. Rudradipta Nandy ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was not initially named in the First Information Report. The petitioner was, however, arrayed as accused in the charge-sheet submitted by the police. He contends that the petitioner was falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement of the complainant recorded under Section 161 of the Code of Criminal Procedure (Cr.P.C.).

The petitioner is named in the 161 Cr.P.C. statement of the de-facto complainant. There are other materials in the case diary suggesting the involvement of the petitioner in the incident.

Consequently, considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, we are unable to enlarge the petitioner on anticipatory bail.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 1835 of 2022 is dismissed.

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