Rahim Biswas And Another v. State Of West Bengal

20.06.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 2628 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station case No. 753 of 2021 dated 21.07.2021 under Sections 302/201/120B/34 of the Indian Penal Code, 1860.

And In Re : Rahim Biswas & Anr.

...... petitioners Mr. Sagar Saha Mr. Subir Debnath Mr. R. Roy ....for the petitioners Mr. Sanjoy Bardhan Mr. Palash Chandra Majhi ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, both the petitioners were falsely implicated. Other coaccuseds were granted either bail or anticipatory bail. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that, these two petitioners were last seen with the victim. Moreover, there is no material in the application suggesting that bail or anticipatory bail were granted to other co-accused.

Considering the materials in the case diary implicating the petitioners therein and considering the gravity of the offence, we are unable to enlarge any of the petitioners on anticipatory bail.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 2628 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)