Mithun Chakraborty v. the State of West Bengal
Anticipatory bail – Section 438, Code of Criminal Procedure
Case brief
What is this about?
Anticipatory bail under Section 438 CrPC rejected in CRM (A) 2185 of 2024 (order dated 08.07.2024) by Soumen Sen, J. and Uday Kumar, J.; grounds: parity with co-accused Banshi Barik whose identical application was rejected by a coordinate bench on 13.02.2024 in CRM (A) 466 of 2024, and incriminating evidence against the petitioner in the case diary; underlying case: Kolaghat Police Station Case No. 734 of 2023 / G.R. Case No. 3896 of 2023 under Section 395 IPC; petitioner Mithun Chakraborty; State represented by Ld. APP Madhusudan Sur and Tirthankar Dhali.
What did the court decide?
Having regard to the rejection of co-accused Banshi Barik's anticipatory bail application by a coordinate bench on 13.02.2024 in CRM (A) 466 of 2024, the petitioner's case standing on the same footing, and incriminating evidence against the petitioner revealed by the case diary, the Court was not inclined to grant anticipatory bail.