Abul Kalam @ Abul Kalam Sekh @ Abul Kalam Sk & ANR v. State Of West Bengal
03.09.2020 SL No.50 pk CRM 5616 of 2020 With CRAN/1/2020(Old No. CRAN 3978 of 2020) (Through Video Conference) In Re: - An application for Anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Domkal Police Station Case No.
of dated 04.07.2020 under Sections 448/325/326/307/34 of the Indian Penal Code.
And In the matter of: Abul Kalam @ Abul Kalam Sekh @ Abul Kalam Sk ....Petitioner.
Mr. S. Adhikary ...for the Petitioner.
Mr. Anwar Hossain, Ms. Ratna Ghosh ...for the State.
Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conferencing. Accordingly, the application being CRAN 3978 of 2020 is disposed of.
We are informed that the victim had subsequently died and the offence under Section 302 of the Indian Penal Code has been added to the FIR.
In view of the materials on record disclosing the prima facie involvement of the petitioner in assaulting the victim who subsequently died, we are of the opinion that in view of the gravity of
the offence, this is not a fit case to grant bail to the petitioner at this stage.
Accordingly, the prayer for bail is rejected. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)