Maimul Sk @ Sekh And ORS v. State Of West Bengal

03.08.2022 Serial no.18 Aloke CRM (A) 3698 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 101 of 2022 dated 26.01.2022 under Sections 435/307/506/34 of the Indian Penal Code read with Sections 3/4 of the Explosive Substances Act and subsequently charge-sheeted under Section 435/307/506/34 of the Indian Penal Code.

-AndIn the matter of : Maimul Sk. @ Sekh & Ors. ... ... Petitioners Mr. M. Chattterjee, Advocate ... ... For the Petitioners Mr. Sanjay Bardhan, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the police filed charge-sheet without the provisions of the Explosive Substances Act.

Learned Advocate appearing for the State submits that the forensic examination report was obtained subsequent to the filing of the charge-sheet and that the police would be filing a supplementary charge-sheet incorporating the provisions of the Explosive Substances Act. He submits that the petitioners are named in the first information report.

The petitioners are involved in the setting house of the complainant on fire and hurling explosive substance as appearing from the materials in the case diary. In view of 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 petitioner is rejected. CRM (A) 3698 of 2022 is dismissed.

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