Amit Ganguly And ANR v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 21.09.2021 Court No.01 rpan /41 C.R.M. 297 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

and In Re : Amit Ganguly & Another ....Petitioners.

Ms. Jeenia Rudra (through V.C) ... for the petitioners.

Mr. Tapan Bhattacharjee, Mr. Aniruddha Biswas ... for the State.

Apprehending arrest in connection with Alipurduar Police Station Case No.339 of 2019 dated 10.08.2019 under Sections 364/302/120B of the Indian Penal Code, 1860, the petitioners have filed the present application.

The learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated. No overt act has been attributed to the petitioners. Upon completion of investigation, charge-sheet has also been submitted and as such, custodial interrogation of the petitioners is not warranted, more so when, one of the co-accused persons has already been granted regular bail by the learned court below.

The Learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to the statements of witnesses, as recorded under Section 161 of the Code. It appears that the petitioners herein were last seen with the victim and the victim expired on the date the alleged incident occurred. In the said conspectus and considering the gravity of

the offence and the extent of complicity, we are not inclined to exercise any discretion in favour of the petitioners. As such, their prayer for anticipatory bail is refused.

Accordingly, the application for anticipatory bail, being CRM 297 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.)