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Calcutta High CourtCRM/6819/2021rejected

Sattar Mondal v. State Of West Bengal

2021-11-23Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

23.11.2021 Serial no.10 Aloke (Through Video Conference) Ct. No. 29 CRM 6819 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 08.10.2021 in connection with Nowda Police Station Case No. 247 of 2019 dated 10.09.2019 under Sections 447/302/120B/34 of the Indian Penal Code. -AndIn the matter of : Sattar Mondol ... ...Petitioner Mr. Sekhar Kumar Basu, ld. Sr. Advocate Mr. Ranadeb Seugupga, Advocate Mr. Prajnadeepta Roy, Advocate ... ... For the Petitioner Mr. Neguivse Ahmed, Advocate Ms. Trina Mitra, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Senior Advocate appearing for the petitioner submits that the petitioner is not named as one of the assailants in the statement made by the eye witness to the incident. He seeks anticipatory bail.

Learned Additional Public Prosecutor appearing for the State draws the attention of the Court to the contents in the case diary. He submits that there are two statements recorded under Section 164 of the Code of Criminal Procedure implicating the petitioner. He submits that the investigations are ongoing. The petitioner is absconding for two years. He opposes the prayer for anticipatory bail.

Considering the materials in the case diary and considering the statements recorded under Section 164 of the Code of Criminal Procedure and considering the gravity of the offence and the complicity of the petitioner as appearing from the materials in the case diary, we are not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail is, thus, rejected. CRM 6819 of 2021 is, accordingly, dismissed.

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