Rinku Nayak v. State Of West Bengal

rkd 06.10.2020 Cr. No.12 C.R.M. 7178 of 2020 (Through Video Conference) In Re: - An application for bail under Section 438 of the Code of Criminal Procedure in connection with Keshiyari P.S. Case No. 193 of 2018 dated 29/09/2018 under Sections 302/34 of the Indian Penal Code and under Section 25/27 of the Arms Act. And In the matter of: - Rinku Nayak ....petitioner.

Mr. S. D. Mahapatra ...for the petitioner.

Mr. N. Ahmed, Ms. A. Gaur ...for the State.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case due to political rivalry. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and submits that one of the accused persons, namely Ramchandra Shee was identified in the CCTV footage and witnesses stated that the name of the petitioner was uttered in the course of the incident. Having considered the materials on record and bearing in mind the prima facie involvement of the petitioner in the alleged crime and in view of the gravity of the offence, we are not inclined to grant anticipatory bail to the petitioner. The application for anticipatory bail is, thus, rejected. (Aniruddha Roy, J.) (Joymalya Bagchi, J.)