A single bench dismissed a bail application under Section 439 CrPC. The court rejected the plea due to the prima facie involvement of the petitioners in assaulting police personnel, noting that one officer had been admitted to the hospital for a considerable period.
Application for bail rejected; accused denied bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
03 15.09.2020 rkd Ct. No.12
C.R.M. 2908 of 2020 (CRAN 1 of 2020 (old CRAN 4045 of 2020) (Through Video Conference)
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Faridpur P.S. Case No. 55 of 2019 dated 18/06/2019 under Sections 147/148/149/353/332/333/323/325/326/307/427/120B of the Indian Penal Code and under Sections 3/4 of the Prevention of Damage of Public Property Arc and under Sections 25/27/35 of the Arms Act and under Sections 3/4 of the E. S. Act.
And
In the matter of: - Ananda Show @ Bhola & Ors.
….petitioner. Mr. U. S. Chatterjee
…for the petitioner.
Mr. B. Panda, Ms. P. Saha
…for the State.
Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.
Accordingly, the application being CRAN 4045 of 2020 is disposed of.
Having considered the materials on record and bearing in mind the prima facie involvement of the petitioners in assaulting police personnel one of whom was admitted in the hospital for a considerable period of time, we are not inclined to grant bail to the petitioners.
The application for bail is, thus, rejected.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)
2
2 issues framed by the court
Whether bail should be granted to the petitioners in an assault case where police personnel were injured.
Whether the prima facie involvement in assaulting police personnel warrants rejection of bail.
5 provisions across 5 enactments
Ananda Show @ Bhola & Ors.
State
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
