Calcutta High CourtCRM (A)/2924/2023rejected

Pradip Bairagi v. State Of West Bengal

2023-08-09Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (A) 2924 of 2023 09.08.2023 ML. 147 Court No. 29 Suvayan (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Bongaon Police Station Case No. 69 of 2023 dated 18.01.2023 under Sections 302/34 of the IPC.

And In the matter of: Pradip Bairagi ....petitioner.

Mr. Susnigdho Bhattacharyya Mr. Partha Pratim Roy Ms. Bidisha Chakraborty ...for the petitioner.

Mr. Madhusudan Sur, APP Mr. Manoranjan Mahata ...for the State.

1. Heard learned Counsel for both the parties.

2. There is eyewitness account of the entire transaction of assault involving the present petitioner and the victim has died as a result of assault.

3. Regard being had to the gravity of offence and the seriousness of the charge, we are not inclined to exercise our discretion in favour of the petitioner under Section 438 Cr.P.C.

5. Accordingly, the prayer for the anticipatory bail is rejected.

6. The application being CRM (A) 2924 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)