Md Mehedi Hasan And ANR v. State Of West Bengal
11.03.2021.
Item No. 105 (Dismissed) ab C.R.M. 10979 of 2020 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 18.12.2020 in connection with Bhagwangola P.S. Case No. 184 of 2020 dated 02.05.2020 under Sections 341/325/326/307/506/34 with added Section 302 of the Indian Penal Code;
And In the matter of : Md Mehedi Hasan and another. ... petitioners.
Mr. Sabir Ahmed, Mr. Ali Ahsan Alamgir, Ms. Riya Das, Ms. Rabia Khatoon.
..For the petitioners.
Ms. Zarren Khan, Ms. Sreeparna Das.
...For the State.
Leave is granted to the Advocate-on-Record of the petitioners to amend the presentation form here and now. Apprehending arrest in connection with Bhagwangola P.S.
Case No.
of under Sections 341/325/326/307/506/34 with added Section 302 of the Indian Penal Code, the petitioners have filed the instant application for anticipatory bail.
The learned Advocate for the petitioners submits that the petitioners have been wrongly implicated in connection with the aforesaid case despite having no complicity to the offence alleged to have been committed. It is further submitted that the police authorities are regularly searching for the petitioners and there is a strong apprehension that they may be arrested in connection with the aforesaid case. The learned advocate for the State opposes the prayer for anticipatory bail and submits that the charge sheet has already been submitted. It is further submitted that the charge sheet does not reveal the name of the petitioners and,
therefore, the complicity of the alleged offence against the petitioners has not been established.
In view of the fact as stated above, we do not think any reasons for such apprehension projected in the instant application. Since the name of the petitioners has not been included in the charge sheet, the question of arrest does not arise.
In view of the above, the instant application for anticipatory bail is dismissed.
(Harish Tandon, J.) (Kausik Chanda, J.)