This single-judge bail order rejected a petition for anticipatory bail under Section 438 CrPC. The Court dismissed the prayer due to the seriousness of the charge of dacoity and the petitioner's avoidance of police authorities and lack of cooperation with the investigation.
Bail application rejected; order dismissed.
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.
01.10.2021 Item no.25. Court No.32. AB (Rejected)
(Via Video Conference)
CRM No. 2197 of 2021
In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak Police Station Case No.73 of 2019 Dated 11.03.2019 under Sections 399/402 of the Indian Penal Code read with Section 25(1B)(a) of the Arms Act
And
In the matter of : Amar Hossain @ Amir
……Petitioner.
Mr. M. H. Chowdhury, Mr. Suman Karmakar ……for the Petitioner. Mr. Siladitya Banerjee ……for the State.
The petitioner says that he was not a part of the group that had assembled to plan for dacoity of a bank. He has been implicated on the basis of statements made by co-accused persons.
We have seen the material in the case diary. The charge is serious. The possible complicity of the petitioner in the alleged offence cannot be ruled out. The petitioner obviously has been avoiding the police authorities and has not cooperated with the investigation.
We are not inclined to entertain the petitioner’s prayer for anticipatory bail.
2
C.R.M. No.2197 of 2021 is, accordingly, dismissed.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court.
(Bivas Pattanayak, J.) (Arijit Banerjee, J.)
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC given the serious charge of dacoity and his non-cooperation with police investigation.
Whether the petitioner's plea of non-complicity in the dacoity planning is sufficient to grant bail.
3 provisions across 3 enactments
Amar Hossain @ Amir
The State
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
