Rajendra Barman v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 05.04.2024 Court No.01 Item No.15 Avijit Mitra CRM (A) 252 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re: Rajendra Barman - Petitioner Mr. Hillol Saha Poddar, Ms. Mousumi Das ...for the Petitioner Mr. Abhijit Sarkar, Mr. Dhiman Sil ...for the State.

Apprehending arrest in connection with Pundibari Police Station Case No.87 of 2024 dated 11.02.2024 under Sections 341/326/307/506 of the Indian Penal Code, the present application has been preferred.

Mr. Saha Poddar, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. The complaint was lodged about three days after the alleged incident. The allegations are omnibus in nature and in view thereof, custodial interrogation of the petitioner may not be necessary.

Mr. Sarkar, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to the statement of the victim as recorded under Section 161 of the Code and the injury report.

Upon hearing the learned advocates appearing for the respective parties and considering the materials on record, particularly the injury report, the manner in which the offence was committed and the extent of complicity of the petitioner, we are not inclined to exercise any discretion in his favour and his prayer for anticipatory bail is refused.

Accordingly, the application for anticipatory bail, being CRM (A) 252 of 2024, is dismissed.

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