Saifulla Sarkar & ORS. v. State Of West Bengal

10.09.2020 tkm C.R.M. 5728 of 2020 sl no. 22 CRAN 1 of 2020 (old CRAN 4108 of 2020) (via video conference) In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Basanti P.S case no. 837 of 2019 dated 3.12.2019 under sections 302/34 of the IPC and sections 25/27 of the Arms Act and under sections 4/5 of Explosive Substances Act And In Re : Saifulla Sarkar & Ors.

...... petitioners Mr. A Debnath ...... for the petitioners Mr. Prasun Datta Mr. S Deb Roy ...... 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 4108 of 2020 is disposed of.

Having considered materials on record disclosing prima facie involvement of the petitioners as members of an unlawful assembly who had assaulted the victims and had thrown bombs at them resulting in death, we are of the opinion that in view of the gravity of the offence this is not a fit case to grant anticipatory bail to the petitioners.

Accordingly, prayer for anticipatory bail is rejected. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)