Avijit Shah v. State Of West Bengal

07.12.2021 Court No.32 rpan / 200 C.R.M. 5397 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In re: Avijit Shah - Petitioner Mr. Samrat Chowdhury, Mr. Anit Dey ....for the Petitioner.

Mr. Saibal Bapuli, Mr. Soumik Ganguly ....for the State.

Apprehending arrest in connection with Hariharpara Police Station Case No.191 of 2021 dated 17.05.2021 under Sections 302/34 of the Indian Penal Code, 1860, the present application has been preferred.

Heard the learned advocates appearing for the respective parties and considered the materials in the case diary. Prima facie, there are strong incriminating materials against the petitioner. Considering the gravity of the offence, statements of the witnesses recorded under Section 164 of the Code of Criminal Procedure, the post-mortem report and the extent of complicity of the petitioner in the alleged offence, we are not inclined to exercise any discretion in his favour. As such, his prayer for anticipatory bail is refused.

The application for anticipatory bail, being CRM No. 5397 of 2021 is, thus, 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.)