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Calcutta High CourtCRM/3920/2021dismissed

Anjan Ghosh And ANR v. State Of West Bengal

2021-11-08Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

08-11-2021 (ct. no.32) KOLE CRM 3920 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dhonekhali Police Station Case No. 94 of 2021 dated 04.05.2021 under Sections 302/34/323/326/325 of the Indian Penal Code.

- A n d - In the matter of : Anjan Ghosh & Anr.

.... Petitioners.

Mr. S. Karati, ... For the Petitioners.

Mr. M. Sur, Ld. APP, Mr. D. Pramanik, ... For the State.

The petitioners are the son and the father respectively. They say that the alleged incident was a fall-out of political rivalry. They had no role to play in the incident. Charge sheet has been submitted upon completion of investigation. Their prayer for anticipatory bail may be allowed.

We have seen the material in the case diary. The State apprises us that out of 17 accused persons, 8, including these petitioners, are absconding. One person died in the incident, 11 persons were injured. 4 out of the injured persons have recorded their statements under Section 164 of the Code specifically naming these petitioners. The other injured persons have recorded their statements under Section 161 of the Code also implicating these petitioners.

In view of the prima facie incriminating material against the petitioners and the nature and gravity of the alleged offence as

also the possible complicity of the petitioners therein, we are not inclined to allow their prayer for anticipatory bail. The prayer for anticipatory bail is rejected. CRM No. 3920 of 2021 is, thus, dismissed.

( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )