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Calcutta High CourtCRM (A)/3612/2022dismissed

Alibanks Bhunia @ Kajal v. State Of West Bengal

2022-08-03Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. (A) 3612 of 2022 03.08.2022 Sl.3 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Joypur Police Station Case No.24 of 2021 dated 26/03/2021 under Sections 326/307/286 and addition Section 302 of the Indian Penal Code, 1860 read with Section 9(B) of the Explosives Act, 1884 and read with Sections 3 & 4 of the Explosive Substances Act, 1908.

And In the matter of: Alibaks Bhunia alias Kajal ....petitioner.

Mr. Siddhartha Sarkar ...for the petitioner.

Mr. Rudradipta Nandy, Ld. APP Ms. Sreeparna Das ...for the State.

Petitioner prays for anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. The petitioner is not named in the First Information Report. The police complaint was lodged suo motu. The persons named in the First Information Report were arrested and were enlarged on bail by the jurisdictional Court.

Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that five persons were injured. Four persons succumbed to their injuries.

The petitioner is named by eye-witnesses recording their statements under Section 161 of the Code of Criminal Procedure to be involved in the incident.

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

petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 3612 of 2022 is dismissed.

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