Megnath Ghosh Alias Meghnath Ghosh v. State Of West Bengal

SL-05 25.11.2020 pg.

CRM 7875 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Salar P.S. Case No.109 of 2020 dated 04.06.2020 under Sections 341/325/302/354/34 of the Indian Penal Code.

And In the matter of: Megnath Ghosh @ Meghnath Ghosh & Anr. .... Petitioners Mr. Somnath Adhikary ... For the Petitioners Mr. Sudip Ghosh Mr. Apurba Kumar Datta ... For the State The petitioners undertake to affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner makes out that a clash between two groups resulted in some minor injuries and an accidental death. The State refers to the witness statements, particularly a couple of them recorded under Section 164 of the Code. Such witnesses claim that both the petitioners brutally assaulted the victim with blunt weapons. The postmortem report is in conformity with the witnesses' version of what happened.

Considering the role of these petitioners in the incident which culminated in the death of a person, the prayer for anticipatory bail is refused.

CRM 7875 of 2020 is disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)