Bijay Yadav And ORS v. State Of West Bengal

C.R.M. (A) 6022 of 2022 03.01.2023 Sl.19 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Barrackpore Police Station Case No.219 of 2022 dated 29.11.2022 under Sections 147/341/186/353/332/333/224/225/379/511 of the Indian Penal Code, 1860.

And In the matter of: Bijay Yadav & Ors.

....petitioners.

Mr. Ayan Bhattacharjee Ms. Ankita Das Chakraborty Mr. Sagnik Mukherjee Mr. Shaunak Lahiri ... for the petitioners.

Mr. Saswata Gopal Mukherji, Ld. PP Ms. Faria Hossain Mr. Anand Keshari ...for the State.

Petitioners pray for anticipatory bail.

Apparently, the petitioners were involved in an incident which resulted in police personnel suffering injuries when such police personnel went to arrest a person.

At this stage, learned Advocate appearing for the petitioners seek leave to withdraw the petition.

The prayer was made subsequent to the Court disclosed the intention of rejection.

Consequently, we are unable to accede to the request of withdrawal.

The materials in the case diary do not obviate the requirement of custodial interrogation of the petitioners. Granting anticipatory bail to the petitioners will send a wrong signal to the society, in the facts and circumstances of the case. In such circumstances, we are unable to grant anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

C.R.M. (A) 6022 of 2022 is dismissed.

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