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Calcutta High CourtCRM/7603/2021dismissed

Orisul Alam @ Vottu Mondal @ Bhutto v. State Of West Bengal

2021-11-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

24.11.2021 Ct. No 29 KAUSHIK (REJECTED) C.R.M 7603 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Domkal Police Station Case No. 384 of 2019 dated 16.06.2019 under Sections 302/286/34 of the Indian Penal Code, 1860 read with Section 9(b) of the Explosives Act and Section 27 of the Arms Act.

And In Re : Orisul Alam @ Vottu Mondal @ Bhutto.

..... petitioner Mr. Diptangsu Bera .... for the petitioner Mr. Rudradipta Nandy ... for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, all other co-accused were enlarged on bail by Coordinate Benches. He submits that, since the police filed charge-sheet, custodial interrogation of the petitioner is not required. Learned advocate appearing for the State submits that, the incident is of triple murder. He submits that, all applications for anticipatory bail were rejected. One of the coaccused was initially granted bail on the ground of health. On such order of grant of bail, a Special Leave Petition is pending. The other Coordinate Benches granted bail on the basis of the first order of grant of bail. He opposes the prayer for grant of anticipatory bail.

Learned advocate appearing for the petitioner, in reply, submits that, two Special Writ Petitions were filed from two different orders granting bail and both were dismissed.

Considering the facts and circumstances of the case and the gravity of the offence and the involvement of the petitioner therein, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM 7603 of 2021 is dismissed.

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