Shibin Barman v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 22.05.2024.

20.

as (Rejected).

C.R.M. (A) 425 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ghoksadanga P. S. Case No.154 of 2024 dated 30.03.2024 under Sections 447/341/323/325/307/506/34 of the Indian Penal Code.

In the matter of : 1) Shibin Barman;

2) Kshetra Mohan Barman;

3) Bhabesh Barman;

4) Harish Chandra Barman &

5) Abharasa Barman @ Abhay Barman.

... Petitioners.

Mr. Subhasish Mishra, Mr. Satyajit Paul.

...for the Petitioners.

Mr. Ujjwal Luksom, Mr. Saikat Chatterjee, Mr. Chattu Roy.

.....for the State.

1. Petitioners submit there was a dispute amongst family members. They have been falsely implicated. Accordingly, they pray for bail.

2. Learned Advocate for the State opposes the prayer for anticipatory bail.

3. We have considered the materials on record including the statements of witnesses. They stated petitioners had illegally trespassed on the land and started cultivation. When the de-facto complainant protested, they conjointly assaulted the victim resulting in grievous injury.

4. In view of the aforesaid circumstances, we are of the opinion this is not a fit case to grant anticipatory bail to the petitioners.

5. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)