Abdul Khalil Dhatri @ Laltu And And v. State Of West Bengal

23.09.2020 Court No.16 Sl. No. 15 GB/SD CRM 6476 of 2020 CRAN 1 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Thanarpara P.S. Case No.122 of dated 17.06.2020 under Sections 448/326/307/302/34 of the Indian Penal Code.

And In the matter of: Abdul Khalil Dhatri @ Laltu & Anr. ....Petitioners.

Ms. Karabi Roy.

...for the Petitioners.

Mr. Madhusudan Sur, Mr. Dipankar Paramanick.

...for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

The petitioners claim that the injured survivor and several others have referred to one Abdul Kuddus Dhatri as the assailant and not the first petitioner who is Abdul Khalil Dhatri. The State produces the records and the statements of several witnesses. It appears that in one of the places the assailant is said to be Abdul Kuddus Dhatri, but the nickname of such person is also indicated and that nickname indicated is Laltu. Considering the entire evidence available, it appears that the first petitioner's middle name may have been erroneously recorded as Kuddus.

Considering the material available against the present petitioner, their immediate release is not called for in view of their possible involvement in the commission of the offence. The prayer for bail is rejected and CRM 6476 of 2020 and the interim application thereof stand disposed of. (Sanjib Banerjee, J.) (Aniruddha Roy, J.)