Jakir Mondal And ORS v. State Of West Bengal

December 02, 2020 ARDR (Serial No. 28) CRM 9510 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ausgram Police Station case no. 138 of 2020 dated June 10, 2020 under Sections 448/326/307/34 of the Indian Penal Code and charge sheet submitted under Section 341/326/307/302/34 of the Indian Penal Code, 1860.

In Re : Jakir Mondal & ors.

... petitioners Mr. Abdur Rakib, Mr. Shraman Sarkar, .....for the petitioners Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan, ....for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

Considering the materials made available along with the Case Diary and the statements of the independent witnesses recorded under Sections 164 of the Criminal Procedure Code directly implication the petitioners in the commission of the alleged crime and assault on the victim, we are not inclined to grant anticipatory bail to the petitioners.

The prayer for anticipatory bail is thus, rejected. (Saugata Bhattacharyya, J.) (Soumen Sen, J.)