Kalu Sk @ Jiaul Sk @ Md Jiyaul Sekh And ANR v. State Of West Bengal

21.11.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 5321 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 311 of 2021 dated 15.03.2021 under Sections 147/148/149/186/188/326/307/ 332/333/353/363/379/120B of the Indian Penal Code, 1860 read with Sections 25/27 of the Arms Act and Section 9 of the Maintenance of Public Order Act.

And In Re : Kalu Sk @ Jiaul Sk @ Md Jiyaul Sekh & Anr. ...... petitioners Mr. Krishnendu Bhattacharya Mr. Priyankar Ganguly Ms. Shalini Bairagi ....for the petitioners Mr. Saibal Bapuli Mr. Arani Bhattacharya ....for the State Proclamations were issued against both the petitioners. Prayer for anticipatory bail of other co-accuseds were rejected by the order Dated December 14, 2021 passed in CRM 3977 of 2021. There are materials in the case diary disclosing that the petitioners were members of an unlawful assembly obstructing police personnel, who went to the spot to arrest an absconding accused. Injury received by the police personnel are corroborated by the medical evidence in the case diary. 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) 5321 of 2022 is dismissed.

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