Raju Ali @ Raju Md. v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 28.09.2021 AT JALPAIGURI Court No.01 Item No. 36 Rejected Krishnendu CRM 984 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Raju Ali @ Raju Md.

Petitioner Mr. Sudip Guha For the Petitioner Mr. Ujjwal Luksom Mr. Kallol Acharjee Mr. Tapan Bhattacharjee For the State Mr. Sayan De Mr. Sampad Das Mr. Kaustav Shome Ms. Esha Acharya For the De facto complainant Apprehending arrest in connection with New Jalpaiguri Police Station Case No. 832 of 2021 dated 27.07.2021 under sections 341/326/379/506/34 of the Indian Penal Code, the petitioner has filed the present application.

Mr. Guha, learned advocate appearing for the petitioner submits that the allegations levelled are omnibus in nature. All other coaccused persons have been granted anticipatory bail by the learned Court below and in view thereof, custodial interrogation of the petitioner is not necessary.

Mr. Luksom, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to the contents of the complaint and the injury report. He further submits that investigation is still in progress and there are incriminating materials on record, which clearly indicate the direct involvement of the petitioner in the alleged offence.

Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, the injury report and the nature of accusations, we are not inclined to exercise any discretion in favour of the petitioner, more so when, investigation is yet to be completed. Accordingly, the prayer for anticipatory bail of the petitioner is refused.

The application for anticipatory bail, being C.R.M. No. 984 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)