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Calcutta High CourtCRM (A)/4432/2022dismissed as rejected

Mainuddin Manik And ORS v. State Of West Bengal

2022-09-15Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

15.09.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 4432 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Panskura Police Station Case No. 498 of 2022 dated 17.07.2022 under Sections 302/201/120B/34 of the Indian Penal Code.

And In Re : Mainuddin Manik & Ors.

...... petitioners Mr. Amal Krishna Samanta ....for the petitioners Mr. Madhusudan Sur Mr. Manoranjan Mahata ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioners were falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement recorded under Section 161 of the Code of Criminal Procedure. He submits that, the investigations are yet to be concluded.

The post mortem report of the victim suggests that the victim died by drowning. Final opinion with regard to the cause of death is yet to be given by the doctor.

The investigations are in progress.

There are materials in the case diary suggesting requirement of investigating the petitioners. In such circumstances, we are unable to grant anticipatory bail to the petitioners.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 4432 of 2022 is dismissed.

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