The Court disposed of an application for anticipatory bail. After reviewing the injury report and victim statement recorded under Section 164 CrPC, the Court opined that the petitioner was not entitled to anticipatory bail and rejected the prayer.
Prayer for anticipatory bail under Section 438 CrPC rejected.
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.
10.09.2020 Item no. 18 Ct.11 BP/CHC Rejected
C.R.M. No.5673 of 2020
[C.R.A.N.1 of 2020 (Old No.C.R.A.N.4050 of 2020)] (Via Video Conference)
In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure.
And
In the matter of:-
Haripada Ghosh @ Bhudeb Ghosh
… Petitioner
Mr. Biswajit Hazra
.. for the petitioner
Mr. Binoy Panda, Ms. Puspita Saha
..for the State
Learned advocate for the petitioner submits that the petitioner has been falsely implicated in the case and there are no materials for detaining the petitioner.
Learned advocate for the State produces the Case Diary and draws the attention of the Court to the statement of the victim under Section 164 of the Code of Criminal Procedure as well as the injury report.
We have perused the materials on record which includes the statement of the parents of the victim, the injury report as well as the statement of the victim under Section 164 of the Code of Criminal Procedure.
2
On perusal and cumulative appreciation of the same, we are of the opinion that petitioner is not entitled to the privilege of anticipatory bail. Accordingly, prayer for anticipatory bail is rejected.
With these observations, CRM 5673 of 2020 and CRAN 1 of 2020 (Old No. CRAN 4050 of 2020) are disposed of.
(Samapti Chatterjee, J.)
(Tirthankar Ghosh, J.)
2 issues framed by the court
Whether the petitioner is entitled to the privilege of anticipatory bail under Section 438 CrPC given the materials on record including injury report and victim statement.
Whether the petitioner's claim of false implication warrants anticipatory bail in view of police investigation materials.
2 provisions across 1 enactments
Haripada Ghosh @ Bhudeb Ghosh
State
Samapti Chatterjee
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
