An application for anticipatory bail was filed under Section 438 CrPC in a case involving serious charges. The court rejected the petition citing the gravity of the offences and the petitioners' involvement.
Petition for anticipatory bail rejected.
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08.02.2022 Serial no.6 Aloke
Ct. No. 29
CRM (A) 415 of 2022
In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 25.01.2022 in connection with Khanakul P.S. Case No. 179 of 2021 dated 04.05.2021 under Sections 147/148/448/302/354(B)/427/379/506 of the Indian Penal Code read with Section 3/4 of the Explosive Substance Act.
-And-
In the matter of : Soumen Santra & Ors.
… …Petitioners
Mr. Niladri Sekhar Ghosh, Advocate Ms. Sompurna Chtterjee, Advocate
… For the Petitioners Mr. Saibal Bapuli, ld. APP Mr. Arani Bhattacharyya, Advocate … …For the State
Petitioners seek anticipatory bail.
Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. He refers to the first information report. He submits that the incident arose out of a political rivalry. He submits that the police filed charge-sheet and, therefore, custodial interrogation of the petitioners are not required.
Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that all the petitioners are named in the chargesheet. The petitioners were absconding. He submits that there are statements recorded under Section 161 of the Code of Criminal Procedure implicating the petitioners.
Considering the gravity of the offence and the involvement of the petitioners as appearing from the materials in the case diary, we are unable to grant anticipatory bail to the petitioners.
CRM (A) 415 of 2022 is rejected.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
1 issue framed by the court
Whether anticipatory bail should be granted in a serious offence involving multiple charges including murder and dowry-related offences.
3 provisions across 3 enactments
Soumen Santra
State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
