Abhijit Senapati And ANR v. State Of West Bengal

CRM 3883 of 2021 (Via Video Conference) 06.08.2021 Court No.28 Item No.18 (REJECTED) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 24.05.2021 in connection with Khanakul Police Station Case No. 134 of 2020 dated 11.06.2020 under Sections 341/326/307/34 of the Indian Penal Code; And Saswata In the matter of : Abhijit Senapati & Anr.

...Petitioners.

Mr. Pintu Karar ...For the Petitioners Mr. N.P.Agarwalla Mr. Pratik Bose ... For the State The Advocate-on-record of the petitioners undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking, the application is taken up for hearing.

The petitioners have filed the instant application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khanakul Police Station Case No. 134 of 2020 under Sections 341/326/307/34 of the Indian Penal Code. It is submitted by the learned Advocate for the petitioners that the instant application is for anticipatory bail and the petitioners have no complicity to the alleged offence but the police is intending to apprehend them in connection with the aforementioned case. Learned Advocate appearing for the State opposes the prayer for bail.

Upon perusal of the case diary, more particularly, the statement of the injured person and the medical report, prima facie, we find the complicity of the petitioners to the alleged offence and the injury appears to be grievous in nature and, therefore, we are not inclined to allow the application for anticipatory bail.

The application for anticipatory bail is, thus, considered and rejected.

(Harish Tandon, J) (Bibek Chaudhuri,J.)