Bhabani Sankar Das And ORS. v. State Of West Bengal

C.R.M. (A) 3812 of 2023 21.09.2023 ML. 204 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ranaghat Police Station Case No. 287 of 2023 dated 12.05.2023 under Sections 448/307/379/427/34 IPC and adding Section 302 IPC (corresponding to G.R. Case No. 2334 of 2023). And In the matter of: Bhabani Sankar Das & Ors.

....petitioners.

Mr. Sumanta Das ...for the petitioners.

Ms. Zareen N. Khan Mr. Ashok Das ...for the State.

1. Heard learned Counsel for the parties.

2. The present petitioners have been named in her statement under Section 164 Cr.P.C. which corroborates the FIR lodged by her. The statement of the wife of the deceased also finds corroboration from the statement of the other witnesses including the son, who received injury in the transaction.

3. From the post mortem report, it is found that it is a case of mob lynching out of some hatred.

4. Regard being had to the gravity of the offence, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioners.

5. Accordingly, the prayer for anticipatory bail is rejected.

6. The application being CRM (A) 3812 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)