Probir Sarkar @ Probir Das @ Prabir And Others v. State Of West Bengal

30.11.2021 Court No.32 Item No. 178 Avijit Mitra CRM 4407 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Probir Sarkar @ Probir Das @ Prabir & ors. Petitioners Mr. Kaushik Chowdhury, Mr. B. Khatar For the Petitioners Mr. Imran Ali, Ms. Manasi Roy For the State Apprehending arrest in connection with Tapan P.S. Case No. of dated 26.03.2020 under sections 341/325/326/307/506/34 of the Indian Penal Code, the petitioners have filed the present application. The learned advocate appearing for the petitioners submits that there was a dispute pertaining to the possession of a mobile phone. The incident occurred on the spur of the moment without intending the consequences thereof. In the said conspectus custodial interrogation is not warranted.

The learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to several documents. He further submits that upon completion of investigation chargesheet has been submitted and the petitioners are absconding.

Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, the injury report, the statement of the witnesses and the extent of

complicity of the petitioners in the alleged offence, we are not inclined to exercise any discretion in favour of the petitioners. Accordingly, the application being CRM 4407 of 2021 is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)