Sambhu Nath Mahata And ANR v. State Of West Bengal

13.07.2022 Serial no.33 Aloke CRM (A) 3336 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Jhargram Police Station Case No. 332 of 2021 dated 29.12.2021 under Sections 143/149/304/34 of the Indian Penal Code. -AndIn the matter of : Sambhu Nath Mahata & Anr. ... ... Petitioners Mr. Ritwik Pattanayak, Advocate ... ... For the Petitioners Mr. S.S. Imam, Advocate Mr. R. Jana, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. Learned Advocate appearing for the State submits that around seven persons mercilessly assaulted the victim who ultimately succumbed to the injuries. Three were arrested. Four are still absconding. He submits that the two persons were involved in the incident and the same appears in the statement recorded under Section 164 of the Code of Criminal Procedure. Learned Advocate appearing for the petitioners submits that two of the arrested persons were enlarged on bail by the jurisdictional Court.

The materials in the case diary implicates the petitioners in the incident.

Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary, we are unable to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 3336 of 2022 is dismissed.

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