Samaun Sk v. State Of West Bengal

28.09.2022 Serial no. 51 [Dd] (Anticipatory bail) (Rejected) CRM (A) 4633 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with G. R. Case No. 563 of 2021 arising out of Kaliachak Police Station Case No. 117 of 2021 dated 02.02.2021 under Sections 341/326/307/302/34 of the Indian Penal Code read with Sections 25/27/35 of the Arms Act.

-AndIn the matter of : Samaun Sk ... ...Petitioner Mr. Krishnendu Bhattacharya, Mr. Priyankar Ganguly, Advocates ... ... For the Petitioner Mr. Swapan Banerjee, Mr. Suman De, Advocates ... ...For the State The presence of the petitioner at the locale where the murder took place is in the statement recorded under Section 164 of the Criminal Procedure Code.

It is contended on behalf of the petitioner that his name was inserted later in a statement recorded under Section 164 of the Criminal Procedure Code. Such contention is an issue to be decided at the trial, if so raised. As on date there are materials in the case diary implicating the petitioner in the murder.

Consequently, we are not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 4633 of 2022 is dismissed.

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