Akbar Ali v. State Of West Bengal

rkd 04.12.2020 Cr. No.03 C.R.M. 8536 of 2020 (Through Video Conference) In Re: - An application for bail under Section 438 of the Code of Criminal Procedure in connection with Beldanga P.S. Case No. of dated 14/05/2018 under Sections 147/148/149/302 of the Indian Penal Code and under Sections 25/27 of the Arms Act.

And In the matter of: - Akbar Ali ....petitioner.

Mr. R. Majumder, Mr. A. Rahaman ...for the petitioner.

Mr. M. Sur, Mr. M. Mahata ...for the State.

It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case. He stands on the same footing with co-accused Mohidul Sk who has been granted prearrest bail by a coordinate Bench of this Court. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and submits that petitioner is named in the first information report whereas co-accused Mohidul Sk was not named therein.

We have considered the materials on record. We note the petitioner is named in the first information report. He does not stand on the same footing with the co-accused who has been granted pre-arrest bail. In view of the aforesaid fact and the overwhelming materials disclosing role of the petitioner in the murder of the victim who suffered gun shot injuries and died 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. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)