Saiban Mandal @ Sraban Mondal And ORS v. The State Of West Bengal

06.08.2024 SL No.59 Court No.29 (gc) (Rejected) CRM (A) 2679 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure corresponding to Section 482 of the BNSS, 2023 filed in connection with Ratua Police Station Case No.357 of 2021 dated 17.07.2021 under Sections 326/307/302/34 of the Indian Penal Code.

And In the matter of : Sri Saiban Mandal @ Sraban Mondal & Ors. - Petitioners.

Mr. Dipanjan Chatterjee, Ms. Kakan Das, Ms. Rimpa Adhikari ....For the Petitioners.

Mr. Anand Keshari, Md. Ejaz Akhter ... For the State.

1. The learned Counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated.

2. The learned Counsel for the State in opposing the prayer has submitted that a child has been brutally murdered by a mob which consists of the present petitioners. It is further submitted that save and except the present petitioners, all other accused persons were arrested and subsequently released on bail. It is also submitted that the charge-sheet has already been filed.

3. Considering the case that the child died due to mob clinching in which all the petitioners have participated and as their name revealed from the statement of the eyewitnesses recorded under Section 161 of the Cr.P.C., we are not inclined to grant anticipatory bail to the petitioners.

4. Accordingly, the application for anticipatory bail is rejected.

5. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.)