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Calcutta High CourtCRM/5865/2021rejected

Sujay Shikari And ANR v. State Of West Bengal

2021-12-16Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

CRM No.5865 of 2021 Via video conference 16.12.21 (S.R.) Sl.574 Ct.32 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Haringhata Police Station Case No.364 of 2019 dated 10/10/2019 under Sections 341/323/325/326/307/506/34 of the Indian Penal Code; And In re: Sujay Shikari & Anr ... petitioners.

Mr. Sumanta Das ... for the petitioners.

Mr. Narayan Prasad Agarwala Mr. Subhashree Patel ...for the State.

Mr. Das, learned advocate appearing for the petitioners submits that there was a free fight between the parties and the petitioners have been falsely implicated therein. The allegations are omnibus in nature and upon completion of investigation charge sheet has also been submitted. As such, the petitioners may be granted anticipatory bail on any stringent condition.

Mr. Agarwala, learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to several documents in the case diary including the statements of the witnesses and the injury report.

Considering the statements of the witnesses, the injury report and the extent of complicity of the petitioners in the alleged offence, we are not inclined to exercise any discretion in their favour. Accordingly, the application for anticipatory bail being CRM No.5865 of 2021 is 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.)