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Calcutta High CourtCRM (A)/5540/2022dismissed as rejected

Sonali Bibi v. State Of West Bengal

2022-11-30Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

30.11.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 5540 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Itahar Police Station Case No. 400 of 2022 dated 16.07.2022 under Sections 447/341/307/506/120B of the Indian Penal Code, 1860 read with Sections 3/ 4 of the Explosive Substances Act.

And In Re : Sonali Bibi ...... petitioner Mr. Amit Ranjan Pati Ms. Reshmi Mukherjee Mr. Ashok Halder ....for the petitioner Ms. Anasuya Sinha Mr. Pinak Kumar Mitra ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the incident arose out of property dispute. The petitioner is a lady and was falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the statement of two eye witnesses recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.). She submits that, live bombs were recovered from the spot.

The role of the petitioner in the incident is described by the eye witnesses who recorded 164 Cr.P.C. statements. Apparently, the petitioner played an active role. Live bombs were recovered by the police.

In such circumstances, considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 5540 of 2022 is dismissed.

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