Naren Bag @ Noren Bag v. State Of West Bengal

04.03.2021 Court No.28 Item No. 35 Sc CRM 10771 of 2020 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Naren Bag @ Noren Bag Petitioner Mr. Navanil De Mr. Rajeshwar Chakraborty.

For the Petitioner Mr. Narayan Prasad Agarwala Mr. Ashok Das.

For the State Apprehending arrest in connection with Khargram P.S. Case No. 183 dated 29.06.2020 under sections 325/308/34/304 of the Indian Penal Code, the petitioner has preferred the present application. Mr. De, learned advocate appearing for the petitioner submits that he has been falsely implicated. The entire case is based upon circumstantial evidence. A co-accused person has already been enlarged on bail by the learned trial court . In such conspectus, custodial interrogation of the petitioner is not necessary.

Mr. Agarwal, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to the medical report and other relevant documents in the case diary. He also submits that the person who was assaulted has already expired.

Having heard learned advocates and considering the materials in the case diary prima facie, we find an overt act has been attributed to the petitioner. Considering the medical report and the gravity of the offence, we are not inclined to

exercise any discretion in favour of the petitioner and as such, the petitioner's prayer for anticipatory bail is refused. The application for anticipatory bail, being CRM 10771 of 2020 is, thus, dismissed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)