Radhakanta Barman And ORS v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 21.09.2021 AT JALPAIGURI Court No.01 Item No. 34 Rejected Krishnendu CRM 281 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Radhakanta Barman & Ors.

Petitioners Mr. Sudip Guha For the Petitioners Mr. Ujjwal Luksom Mr. Aniruddha Biswas For the State Apprehending arrest in connection with Boxirhat Police Station Case No. 226 of 2020 dated 24.12.2020 under sections 302/34 of the Indian Penal Code, the petitioners have filed the present application. The learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated on the basis of a political rivalry. Upon completion of investigation, charge sheet has already been submitted and, as such, custodial interrogation of the petitioners is not necessary. He further submits that the complainant has executed a declaration before the Notary Public on 10th March, 2021 stating,

inter alia, that his father was killed due to political rivalry and he does not want to proceed with the case. Let a copy of the said declaration, as produced, be kept on record.

The learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to several documents in the case diary, including the post mortem report. Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, particularly the post mortem report, the gravity of the offence and the extent of complicity of the petitioners in the alleged crime, we are not inclined to exercise any discretion in their favour. Accordingly, the prayer for anticipatory bail is refused.

The application for anticipatory bail, being C.R.M. No. 281 of 2021 is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Abhijit Gangopadhyay, J) (Tapabrata Chakraborty, J)