Abed Ali And ANR v. State Of West Bengal

23.

13.09.2021 Ct.32 Tanmoy Rejected In The High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side (Through Video Conference) C.R.M. 883 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 16/08/2021 in connection with Dinhata Police Station Case No. 17 of 2021 dated 10/01/2021 under Sections 447/323/326/307/354/506/34 of the Indian Penal Code. And In the matter of: - Abed Ali & Anr.

...petitioners.

Mr. Tanmay Basu ...for the petitioners.

Mr. Arun Sarkar, Mr. Ujjwal Luksom, Mr. Sagnik Sankar Sikder ...for the State.

The petitioners are the two out of nine accused persons. The petitioners say that seven accused persons have been granted anticipatory bail by the learned trial Court. They stand on the same footing. They should also be extended the same privilege.

We have seen the material in the Case Diary including the statements of witnesses. The F.I.R. specifically names the present petitioners as having inflicted grievous wounds on the victim with knife. From the medical report it appears that the injury suffered by the victim is significant. According to us, the present petitioners do not stand on the same footing as the other

accused persons who have been granted anticipatory bail by the learned trial Court.

In view of the nature and gravity of the alleged offence and the possible extent of complicity of the petitioners therein, although charge-sheet may have been submitted, we are not inclined to allow the petitioners' prayer for anticipatory bail. Accordingly, the application for anticipatory bail being C.R.M. 883 of 2021 is dismissed.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)