Habibur Jaman Khandarkar v. State Of West Bengal

20.06.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 2750 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kushmandi Police Station case No. 53 of 2022 dated 07.03.2022 under Section 304 of the Indian Penal Code, 1860. And In Re : Habibur Jaman Khandarkar ...... petitioner Mr. Niladri Sekhar Ghosh Ms. Sompurna Chatterjee Mr. Sourav Mondal Mr. S. Alam ....for the petitioner Mr. Binoy Kumar Panda Mr. Subham Bhakat ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the complaint was not lodged at the behest with relatives of the deceased but by the West Bengal State Electricity Distribution Company Limited. The construction is legal. The petitioner applied for electricity connection. The victim was playing on the roof-top where he got electrocuted from the high tension line of the distribution company.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. He

submits that, the construction is illegal. The victim suffered electrocution in such illegal construction.

Considering the materials in the case diary, the gravity of the offence and the involvement of the petitioner therein, we are unable to enlarge the petitioner on anticipatory bail. Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 2750 of 2022 is dismissed.

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