Coordinate Bench rejected the petitioner's renewed prayer for anticipatory bail under Section 438 CrPC, citing the gravity of charges related to bomb blasts and injury to persons despite the filing of the charge sheet.
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24 24-09-2021 (ct. no.32) KOLE
CRM 1703 of 2021
In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 427 of 2019 dated 16.07.2019 under Sections 448/326/307/34 of the Indian Penal Code read with Section 9(b) of the Indian Explosive Act.
Mr. S. Bapuli, Ld. APP, Mr. A. Ganguly, Mr. A. Ghatak,
… For the State.
The petitioner renews his prayer for anticipatory bail which was rejected by a coordinate Bench on January 3, 2020 in CRM 7 of 2020. The petitioner says that at that point of time, the charge sheet had not been filed. Subsequently, the charge sheet has been filed. In view of such changed circumstance, the petitioner is renewing his prayer for anticipatory bail.
We have seen the material in the case diary. It is a case of several bomb blasts. Several persons were injured. The witness statements specifically name the petitioner as one of the offenders.
In view of the nature and gravity of the charge, although charge sheet may have been submitted, we are not inclined to entertain the petitioner’s prayer for anticipatory bail.
The prayer for anticipatory bail is rejected.
CRM No. 1703 of 2021 is, thus, dismissed.
( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )
2 issues framed by the court
Whether the petitioner's prayer for anticipatory bail under Section 438 CrPC should be entertained given the filing of the charge sheet in a case involving bomb blasts.
Whether the nature and gravity of the charges (bomb blasts, injuries to persons) warrant rejection of the anticipatory bail application.
3 provisions across 3 enactments
Hajikul Sk
The State
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
