Sarat Chandra Roy @ Sharat Chandra Roy And ORS v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 05.08.2021 Court No.28 Item No.22 (Rejected) (Via Video Conference) Saswata CRM 712 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Cooch Behar Kotwali Police Station Case No. 178 of 2021 dated 21.03.2021 under Sections 302/34 of the Indian Penal Code (G.R.Case No. 341 of 2021); And In the matter of : Sarat Chandra Roy @ Sharat Chandra Roy & Ors.

...Petitioners

Mr. Hillol Saha Podder ...For the Petitioners Mr. Ujjal Luksom Ms. Namrata Das ...For the State.

The Advocate-on-record of the petitioners undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking, the application is taken up for hearing. Apprehending arrest in connection with Cooch Behar Kotwali Police Station Case No. 178 of 2021 under Sections 302/34 of the Indian Penal Code, the petitioners have filed the instant application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners have prayed for anticipatory bail in connection with the aforesaid case under Sections 302/34 of the Indian Penal code. At the time of hearing, it is submitted by the learned Advocate for the State that proclamation and attachment order has already been published by the Superintendent of Police, Cooch Behar against the petitioners. In view of such circumstances, the prayer for anticipatory bail of the petitioners cannot be entertained.

Accordingly, the prayer for anticipatory bail is rejected at this stage. The application for anticipatory bail being CRM 712 of 2021 is, thus, dismissed.

(Harish Tandon, J.) (Bibek Chaudhuri, J.)