Bapon Ghosh v. The State Of West Bengal

03.01.2025 sdas Rejected C.R.M. (A) No. 4678 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Hariharpara Police Station Case No. 356 of 2024 dated 10.06.2024 under Sections 302/120B/34 of the Indian Penal Code.

And In Re : Bapon Ghosh ...... petitioner Mr. Anisur Rahman .....for the petitioner Mr. R. Roy Chowdhury Ms. Sima Biswas ..... for the State Mr. Tapodip Gupta ...... for de facto complainant 1.

Learned Counsel for the petitioner submits he was not named as an accused in the initial charge-sheet. During further investigation he has been falsely implicated. He prays for anticipatory bail.

2.

Learned Counsel for the State opposes the prayer for anticipatory bail and submits petitioner was named in the FIR. During further investigation his involvement transpired. Latitude and longitude report in respect of his mobile phone shows his presence at the place of occurrence. Statements of witnesses recorded during investigation before learned Magistrate also implicate the petitioner.

3.

We have considered the materials on record.

Petitioner was named in the FIR. However, in the initial chargesheet he was not named as an accused. 4.

Further investigation commenced on prayer of the de facto complainant. During further investigation statements of witnesses were recorded before learned Magistrate. These statements implicate the petitioner in the offence. Submission of the petitioner that the belated statements are an afterthought, however, appears to be unmerited as digital records i.e. longitude and latitude report in respect of his mobile phone corroborate petitioner's presence at the place of occurrence.

5.

Keeping in mind the aforesaid incriminating materials and gravity of the offence involving murder we are not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, prayer for anticipatory bail is rejected. (Shampa Dutt (Paul), J.) (Joymalya Bagchi, J.)