Kalpana Bibi And ANR v. State Of West Bengal

C.R.M. (A) 4386 of 2022 14.09.2022 Sl.17 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhagwangola Police Station Case No.501 of 2022 dated 22/07/2022 under Section 498A/447/323/325/326/307/506/34 of the Indian Penal Code, 1860 with added Section 302 of the Indian Penal Code, 1860 (corresponding to G.R. Case No.2326 of 2022). And In the matter of: Kalpana Bibi & Anr.

....petitioners.

Mr. Ali Ahsan Alamgir Ms. Rabia Khatoon ...for the petitioners.

Ms. Zareen N. Khan Md. Kutubuddin ...for the State.

Petitioners pray for anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners are not involved in the incident. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statements recorded under Section 164 of the Code of Criminal Procedure of the eyewitnesses and the injured victims. The materials available in the case diary implicate the petitioners along with others in the assault on the victims. The victims suffered grievous hurt. One of the victims succumbed to the injuries.

The investigations are yet to be concluded.

The materials in the case diary suggest the requirement of immediate custodial interrogation of the accuseds. In such circumstances, we are unable to grant anticipatory

bail to the petitioners.

Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

C.R.M. (A) 4386 of 2022 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)