Somnath Metey And ANR v. State Of West Bengal

18.01.2022 Court No.32 rpan / 39 CRM 8571 of 2021 [through Video Conferencing] In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re.: Somnath Metey & Another - Petitioners Mr. Sekhar Kumar Basu, Ld. Sr. Adv., Mr. Abhijit Ganguly ... for the Petitioners.

Mr. Arijit Ganguly, Ms. Sujata Das ... for the State.

Apprehending arrest in connection with Beleghata Police Station Case No.157 of 2021 dated 18.09.2021 under Sections 326/34 of the Indian Penal Code, the petitioners have filed the present application.

Mr. Basu, learned senior advocate appearing for the petitioners submits that the petitioners have been falsely implicated in the alleged incident which occurred on 17th September, 2021. The allegations are omnibus in nature. One coaccused person, namely, Panchu Karmakar has already been granted anticipatory bail and in the said conspectus, custodial interrogation is not necessary.

The learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to the statements of the witnesses and the injury report.

Upon hearing the learned advocates and assessing the materials on record, prima facie, we find direct involvement of the petitioners in the alleged offence. In view thereof, we are not

inclined to exercise any discretion in their favour, more so when investigation is still continuing. As such, their prayer for anticipatory bail is refused.

The application for anticipatory bail, being CRM 8571 of 2021 is, thus, dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Ajoy Kumar Mukherjee, J.) (Tapabrata Chakraborty, J.)