Meghnath Ghosh @ Meghnat Ghosh v. State Of West Bengal

27.06.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 3007 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hariharpara Police Station Case No. 156 of 2021 dated 20.04.2021 under Section 302 of the Indian Penal Code, 1860. And In Re : Megnath Ghosh @ Meghnat Ghosh ...... petitioner Mr. Jisan Iqubal Hossain ....for the petitioner Mr. Swapan Banerjee Ms. Purnima Ghosh ....for the State Petitioner prays for anticipatory bail on the ground of parity with another co-accused Mittunjoy Ghosh @ Mrittun Ghosh, who was enlarged on anticipatory bail by this Hon'ble Court.

The modification application of the order granting anticipatory bail to Mittunjoy Ghosh @ Mrittun Ghosh on May 6, 2022 is annexed to the petition.

Learned advocate appearing for the State draws the attention of the Court to the statement of the eye witness recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.). He contends that the petitioner cannot claim parity. The petitioner is named in the 164 Cr.P.C. statement. Considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that the

petitioner is named in the 164 Cr.P.C. statement of the eye witness, implicating the petitioner in the incident, we are of the view that the petitioner cannot claim parity with that of Mittunjoy Ghosh @ Mrittun Ghosh. Consequently, we are unable to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 3007 of 2022 is dismissed.

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