Sadiqul Sekh v. State Of West Bengal

20/10/2020 Item No. 42 D/L S. De (3) Allowed Through Video Conference CRM 8059 of 2020 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar P.S. Case No. 298 of 2020 dated 10.04.2020 under Sections 341/302/34 of the Indian Penal Code.

Sadiqul Sekh.

Vs The State of West Bengal Mr. Arup Kr. Bhowmick ...for the Petitioner.

Mr. Rana Mukherjee Mr. S. Das ...for the State.

The petitioner undertakes to affirm and stamp the petition/application as per the Rules within one month of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

The learned counsel for the petitioner submits that the allegations in the FIR are omnibus and the petitioner is now are indicated in the alleged offence. The learned counsel for the State however opposes the anticipatory bail and submits that Rajikul

Sekh one of the accused persons was arrested and anticipatory bail prayer of another co-accused namely Sadikul Sk. Was rejected by a co-ordinate bench in CRM 5311 of 2020 on 7th August 2020.

In view of the fact that the present petitioner also bears the same name as that of the petitioner in CRM 5311 of 2020, but he is the son of Kabul Sk, is on a same footing with that of Sadikul Sk, we are not inclined to release the petitioner on anticipatory bail. Moreover, we have considered the memo of evidence and there are materials on record prima facie disclosing involvement of the petitioner in the murder of the victim.

On such consideration this prayer for anticipatory bail is thus rejected.

(Aniruddha Roy, J.) (Soumen Sen, J.)