Calcutta High CourtCRM/3410/2021dismissed

Rahul Hazra And ORS v. State Of West Bengal

2021-10-01Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

01.10.2021 Item no. 36 Court No.32.

S.De (Rejected) (Via Video Conference) CRM No. 3410 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 16.04.2021 in connection with Tangra Police Station Case No. 34 of 2021, dated 03.02.2021 under Sections 336/379/427/114 of the Indian Penal Code.

And In the matter of : Rahul Hazra & Others.

......Petitioners.

Mr. Dipan Kr. Sengupta, Advocate, Mrs. Debjani Sahu, Advocate, ......for the Petitioner nos. 2 &3.

Md. Khairul, Advocate, ......for the Petitioner nos. 1 & 4.

Mr. Rana Mukherjee, Ld. A.P.P., Mrs. Sujata Das, Advocate, Mr. Suman Saha, Advocate, ......for the State.

The petitioners seek anticipatory bail in connection with offence under Sections 326/379/427/114 of the Indian Penal Code.

Learned advocate for the petitioners submits that the petitioners have been falsely implicated in this case out of political rivalry and accordingly, their anticipatory bail prayer may be allowed.

Learned advocate appearing on behalf of the State opposes the bail prayer and submits that in the concerned incident the injured sustained serious injuries i.e. lacerated wound on the head and as regards the witness statements, there are specific allegations against the petitioners of their involvement in the alleged offence.

We have heard learned advocates of both sides and perused the material in the case diary. In the statement of the injured, there are specific allegations against these petitioners of their involvement in the alleged offence. The Injury Report of the injured shows that there are serious injuries sustained by him. Considering such material in the case diary and keeping in mind the possible involvement of these petitioners in the alleged offence and also since investigation is yet to be concluded, we are not inclined to allow the prayer for anticipatory bail of the petitioners.

Accordingly, CRM 3410 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.)