← Library
Calcutta High CourtCRM/7311/2020rejected

Asadul Sardar @ Ashadul v. State Of West Bengal

2020-09-30Hon'Ble Justice Harish Tandon,Hon'Ble Justice Subhasis Dasgupta2 pages

CRM 7311 of 2020 30.09.2020 With CRAN 1 of 2020 Court No.16 Item No.20 (REJECTED) In Re:- An application for bail under section 438 of the Code of Criminal Procedure filed on 21.09.2020 in connection with English Bazar Police Station Case No. 972 of 2018 dated 12.09.2018 under Sections 295/323/379/34 of the Indian Penal Code.

akd And In the matter of : Asadul Sardar @ Ashadul & Ors.

...Petitioners.

Mr. Sagar Saha.

...For the Petitioners.

Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta.

...For the State.

Petitioners undertake 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.

The application being CRAN 01 of 2020 is accordingly disposed of.

It is submitted by the learned Advocate for the petitioners that the petitioners have been falsely implicated in the instant case contending unquantified money have been looted away from a religious place called "Dargah". Learned Additional Public Prosecutor opposes the prayer for anticipatory bail harping upon the statements of the eye-witnesses already collected by the Investigating Officer.

Having heard the learned Advocates of both the sides and bearing in mind the statements of the witnesses available in the case diary, the chance of recovery of stolen money cannot be ruled out.

Having regard to the gravity of the offence, we are not

inclined to grant the anticipatory bail.

The prayer for anticipatory bail is thus rejected. The application for bail, being CRM 7311 of 2020, is accordingly dismissed.

(Subhasis Dasgupta, J) (Harish Tandon, J)