The court rejected an application for anticipatory bail. Considering the gravity of the offence under Sections 304/34 IPC and the petitioners' involvement as witnesses, the application was denied.
Application for anticipatory bail rejected.
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CRM (A) 959 of 2022
02.03.2022
Sl. 06 Court No.29 suvayan (Rejected)
In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nabagram P.S. Case No. 242 of 2021 dated 20/09/2021 under Sections 304/34 of the Indian Penal Code. And In the matter of: Subal Das & Ors. ….petitioners. Ms. Shabana Hasin … for the petitioners. Mr. Binay Panda Mr. Subham Bhakat …for the State.
Petitioners seek anticipatory bail.
Learned Advocate appearing for the petitioners submits that some co-accuseds are on bail.
Learned Advocate appearing for the State draws the attention of the Court to the contents in the case diary including the statement recorded under Section 161 of the Criminal Procedure Code of the witness naming petitioners.
Considering the gravity of the offence and the involvement of the petitioners as appearing in the statement recorded under Section 161 of the Criminal Procedure Code, we are unable to grant anticipatory bail to the petitioners.
The application for anticipatory bail, being CRM (A) 959 of 2022, is rejected.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2
3 issues framed by the court
Whether anticipatory bail should be granted to petitioners considering the gravity of the offence and their appearance in the witness statement.
Whether the statement recorded under Section 161 IPC makes the petitioners unsuitable for anticipatory bail.
To decide if the grave nature of the case under Sections 304/34 IPC precludes anticipatory bail for the petitioner.
3 provisions across 3 enactments
Subal Das & Ors.
State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
