Esahak And ANR v. State Of West Bengal

29.06.2022 Serial no.20 Aloke CRM (A) 2800 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 487 of 2022 dated 14.05.2022 under Sections 447/323/325/304/506/34 of the Indian Penal Code. -AndIn the matter of : Esahak & Anr.

... ... Petitioners Mr. Anasuya Sinha, Advocate Ms. Rita Patra, Advocate ... ... For the Petitioners Mr. Debabrata Chatterjee, Advocate Ms. Mousumi Sarkar, Advocate ... ...For the State Petition is taken up for consideration subsequent to the order dated June 20, 2022.

The postmortem report and the other details are not available in the case diary.

There are statements of the eye witnesses recorded under Section 164 of the Code of Criminal Procedure implicating the petitioners in the incident.

Learned Advocate for the petitioner submits that the first petitioner suffers from 80% disability. The disability certificate contains a photograph of the first petitioner which suggest that the disability of the petitioner is with regard to only one hand. He is otherwise in a standing position with a functional arm.

Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary, we are unable to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected CRM (A) 2800 of 2022 is dismissed.

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