Bijoy Sarkar And ANR v. State Of West Bengal

(via Video conference) 12 (S/L)16.10.2020 CRM 7783 of 2020 Dd/Aloke In Re - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Santipur Police Station case no. 249 of 2020 dated 11.06.2020 under Sections 304/34 of the Indian Penal Code.

In the matter of: Bijoy Sarkar & Anr.

.....Petitioners Mr. Angshuman Chakraborty .... ....for the Petitioners Mr. Rana Mukherjee Ms. Sujata Das ... ...For the State This is an application for anticipatory bail filed by the petitioners on the ground that two co-accused who had been apprehended have been released on bail. It is further submitted that investigation is over and the charge-sheet has been filed. Thus, according to the petitioner, there is no further need for custodial interrogation.

Learned counsel appearing for the State opposes such prayer and refers to the statements of eye witnesses recorded under Section 161 of the Code of Criminal Procedure. Further reference has been made to the injury report. It is submitted that the injury sustained by the victim led to the victim's death and the petitioners are directly involved in the commission of the alleged offence. Having gone through the materials on record, we do not find that this is a fit case to grant anticipatory bail. Accordingly, the prayer for anticipatory bail is rejected. The application is, thus, dismissed.

(Harish Tandon, J.) (Shampa Sarkar, J.)