This single-paragraph order rejects an application for anticipatory bail under Section 438 CrPC. The court refused the relief as the petitioner was named in the FIR and the investigation into the murder charges was not concluded.
Prayer for anticipatory bail was rejected and the application was 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.
02.02.2022 Serial no. 01 Dd
IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI
(Through Video Conference)
CRM (A) 74 of 2022
In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 614 of 2021 dated 18.11.2021 under Sections 143/324/325/307 IPC, adding Sections- 302/435/436/506 IPC corresponding to G.R. Case No. 6261 of 2021 .
-And-
In the matter of : Ajijul Hakim … …Petitioner
Mr. Jaydeep Kanta Bhowmik, Advocate
… … For the Petitioner
Mr. Aditishankar Chakraborty, ld. APP Mr. Tapan Bhattacharjee,
… …For the State
Petitioner seeks anticipatory bail.
Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. Some co-accused were granted bail. Learned advocate appearing for the State submits that the petitioner is named in the First Information Report.
The police case relates to a charge of murder. Considering the fact that the petitioner is named in the First Information Report and considering the fact that investigations are yet to be concluded, we are not inclined to grant anticipatory bail to the petitioner.
Prayer for anticipatory bail is rejected .
CRM (A) 74 of 2022 is dismissed .
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
1 issue framed by the court
Whether anticipatory bail should be granted to a petitioner named in the First Information Report where investigation is pending and the charge involves murder.
3 provisions across 2 enactments
Ajijul Hakim
The State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
