Authorized judicial officer rejected an application for anticipatory bail. The court found independent witness statements directly implicating the petitioners and denying the grant of relief.
Application for anticipatory bail under Section 438 CrPC rejected.
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December 02, 2020
ARDR (Serial No. 28)
CRM 9510 of 2020 (Via Video Conference)
In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ausgram Police Station case no. 138 of 2020 dated June 10, 2020 under Sections 448/326/307/34 of the Indian Penal Code and charge sheet submitted under Section 341/326/307/302/34 of the Indian Penal Code, 1860.
In Re : Jakir Mondal & ors. Mr. Abdur Rakib, Mr. Shraman Sarkar, Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan,
… petitioners ..…for the petitioners .…for the State.
The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.
Considering the materials made available along with the Case Diary and the statements of the independent witnesses recorded under Sections 164 of the Criminal Procedure Code directly implication the petitioners in the commission of the alleged crime and assault on the victim, we are not inclined to grant anticipatory bail to the petitioners.
The prayer for anticipatory bail is thus, rejected.
(Saugata Bhattacharyya, J.)
(Soumen Sen, J.)
1 issue framed by the court
Whether anticipatory bail should be granted to petitioners implicated in alleged assault and attempted murder.
2 provisions across 2 enactments
Jakir Mondal & ors.
State
Saugata Bhattacharyya
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
