This dismissed application for anticipatory bail under Section 438 CrPC. The single bench found prima facie incriminating material against the petitioner.
CRM 3618 of 2021 is dismissed; prayer for anticipatory bail 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.
04.10.2021 Item no. 51 Court No.32. S.De (Rejected)
(Via Video Conference)
CRM No. 3618 of 2021
In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 27.04.2021 in connection with Bauria Police Station Case No. 54 of 2020 dated 05.06.2020 under Sections 341/307/326/306/34 of the Indian Penal Code.
And
In the matter of : Palash Ghosh.
……Petitioner.
Mr. Anindya Ghosh, Advocate,
……for the Petitioner.
Mr. Saswata Gopal Mukherjee, Ld. P.P., Mr. Bidyut Kr. Roy, Advocate, Ms. Ritz Dutta
……for the State.
The petitioner says that he is one out of three accused persons. The other two accused persons have been granted anticipatory bail by the learned Trial Court. He stands on the same footing. He should be extended the same privilege.
The State produces the case diary. We have seen the statements of witnesses including the statement of the injured victim, a sixteen years old boy. He was playing with a ball. The ball fell in the property of the petitioner who assaulted the boy badly. The boy suffered fracture. He has specifically implicated this petitioner in his statement.
2
Considering the complicity of the petitioner in the alleged offence and the prima facie incriminating material against him, although charge-sheet may have been submitted, we are not inclined to entertain the petitioner’s prayer for anticipatory bail.
Accordingly, CRM 3618 of 2021 is 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.)
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in the present circumstances.
2 provisions across 2 enactments
Palash Ghosh
State
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
