Shyamal Barman v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 23.12.2021 AT JALPAIGURI Court No.01 Item No. 42 sg CRM 1275 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Mathabanga Police Station Case No. 138 of 2021 dated 20.03.2021 under Sections 447/325/326/307/506/34 of the Indian Penal Code.

And In Re: Shyamal Barman Petitioner Mr. Hillol Saha Podder For the Petitioner Mr. A. Sarkar Mr. S. Chatterjee For the State The learned counsel for the petitioner submits that the petitioner is the son of Narendranath Barman who was granted anticipatory bail on 20th December, 2021 and it is submitted that the petitioner is standing on the same footing as that of the petitioners who have granted anticipatory bail in CRM 1180 of 2021 on 20th December, 2021.

Having considered the materials available in the case diary and bearing in mind the nature and extent of complicity of the petitioner in the commission of alleged offence, we are of the opinion that the petitioner does not stand on the same footing as that of Narendranath Barman and we are not inclined to grant anticipatory bail to the petitioner.

The application for anticipatory bail is, thus, rejected. CRM 1275 of 2021 is accordingly disposed of.

(Biswajit Basu, J.) (Soumen Sen, J.)