Nanda Halder And ANR v. State Of West Bengal

16.

30.06.2023 Ct.6 Tanmoy Ghosh Rejected CRM (A) 2526 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, in connection with Chakdah Police Station Case No. 119 of 2023 dated 04/03/2023 under Sections 448/323/325/506/34 of the Indian Penal Code with added Sections 326/307 of the Indian Penal Code, 1860.

And In the matter of: - Nanda Halder & Anr.

...petitioners.

Ms. Rupsa Sreemani, Adv.

...for the petitioners.

Mr. Md. Anwar Hossain, Adv., Ms. Ratna Ghosh, Adv.

...for the State.

The allegation is of causing grievous bodily harm. Later on, Section 307 of the Indian Penal Code, 1860, has been added. Learned Advocate for the petitioners says that the petitioners had no major role to play in the incident. They are prepared to co-operate with the Investigating Officer to the fullest extent. They are prepared to accept any term/condition that the Court may impose for granting anticipatory bail. We have gone through the material in the case diary including the statements of witnesses recorded under Section 161 of the Code of Criminal Procedure, 1973. We have also seen the FIR. Apparently, the petitioners seem to be involved in the incident and we are not able to accept their submissions that they have no major role to play in the alleged incident. We are told that after completion of investigation chargesheet has been submitted. However, in view of the fact that the

petitioners have been absconding, warrant of arrest has been issued against them.

In view of the above, we are not inclined to allow the prayer for anticipatory bail of the petitioners. Accordingly, the application for anticipatory bail being CRM (A) 2526 of 2023 is dismissed.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)