Rabbakul Sk@Robbekul Sk And ANR v. State Of West Bengal

23.09.2021 Ct. No 29 Sdas rejected C.R.M. 6234 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khargram Police Station Case No. 274 of 2020 dated 03.10.2020 under Sections 341/325/326/507/34 of the Indian Penal Code and adding under Section 302 of the Indian Penal Code. And In Re : Rabbakul Sk. @ Robbekul Sk. & Anr. ..... petitioners Mr. Arindam Roy ... for the petitioners Mrs. Sukanya Bhattacharya Mr. Nirupam Dhali ... for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that other co-accused persons were granted bail. Moreover, police submitted charge-sheet and, therefore, custodial interrogation of the petitioners is not required. Learned advocate appearing for the State draws attention of the Court to the statements recorded under Section 164 of the Code of Criminal Procedure.

Considering the statements recorded under Section 164 of the Code of Criminal Procedure and considering the complicity of the petitioners in the instant case, we are unable to hold that the petitioners stand in the same footing as that other co-accused persons who were granted bail.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM 6234 of 2021 is dismissed.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)