Arif Sk And ORS. v. The State Of West Bengal

09.07.2024 SL No.68 Court No.29 (gc) (Rejected) CRM (A) 2281 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Raghunathganj Police Station Case No.808 of 2021 dated 18.12.2021 under Sections 143/341/323/325/326/506/34 of the Indian Penal Code and added Section 302 of the Indian Penal Code.

And In the matter of : Arif Sk & Ors.

- Petitioners.

Mr. Pawan Kr. Gupta, Mr. Syed Julfikar Ali ....For the Petitioners.

Mr. Suman De, Ms. Pallavi Priyadarshee ....For the State.

1. The petitioners prayed for anticipatory bail. The application is filed by reason of addition of Section 302 of I.P.C. on the basis of the prayer of the I.O. The I.O. has relied upon the statement of one of the witnesses recorded under Section 161 of the Cr.P.C. directly implicating amongst others the petitioners.

2. It appears that earlier Firoz Sk. and another applied for anticipatory bail and such prayer was turn down by a Coordinate Bench in C.R.M. (A) 2259 of 2022 on 19th May, 2022 recording that one of the victims ultimately succumbed to the injuries and there are criminal antecedents so far as the petitioners are concerned.

3. Considering the gravity of the offence and the involvement of the petitioners transpiring from the case diary, the prayer for anticipatory bail is rejected.

4. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.)