Priyabrata Ghosh v. State Of West Bengal

28.09.2020 srm CRM No. 7125 of 2020 IA No. CRAN/1/2020 (Via Video Conference) In Re: An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Rejinagar Police Station Case No.143/2013 dated 22.06.2013 under Section 302/326/307/34 of the Indian Penal Code, 1860. Section 3/4 of the ES Act & 25/27 of the Arms Act.

In the matter of : Priyabrata Ghosh ... Petitioner Mr. Anil Kumar Chattopadhyaya .. for the Petitioner Mr. Swapan Banerjee, Mrs. Purnima Ghosh ..for the State Mr. Somnath Adhikary ...for the de facto complainant.

The petitioner undertakes to affirm and stamp the petition/application as per Rules within one moth of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.

Accordingly, IA No. CRAN/1/2020 is disposed of. The learned Advocate appearing on behalf of the petitioner submits that although the matter is of 2013 and the co-ordinate Bench of this Court granted bail to one of the co-accused in September, 2020.

Learned Advocate appearing on behalf of the State strongly opposes the prayer for anticipatory bail. He

submits that proclamation attachment has been issued and he has been absconding from 2013.

Considering the materials available on record and the fact that the proclamation attachment has already been issued, we are not inclined to allow the application for anticipatory bail and the same is rejected. The application for anticipatory bail being C.R.M. 7125 of 2020 is rejected.

All parties are to act on a website copy of this order on the usual undertaking.

(Jay Sengupta, J.) (Soumen Sen, J. )