Calcutta High Court
CRM/11267/2020 of BIPADH ROY @ BIPAD VHANGAN RAY AND ANR Vs State of West Bengal on 31 December 2020
rrc/ss CRM 11267 of 2020 (via Video Conference) In re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta PS Case No. 451 of 2019 dated 05.10.2019 under Sections 341/186/353/332/224/323/307/384/34 of the Indian Penal Code. In
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CRM 11267 of 2020
(via Video Conference)
In re : An application for anticipatory bail under Section 438 ofthe Code of Criminal Procedure in connection with Tehatta PSCase No. 451 of 2019 dated 05.10.2019 under Sections341/186/353/332/224/323/307/384/34 of the Indian PenalCode.
In the matter of : 1.Bipadh Roy @ Bipad Vhangan Ray 2. Parimal Roy 2. Parimal Roy
….. petitioners
Mr. Sarwar JahanMr. A. Mondal
….For the petitioners
Mr. Arijit GangulyMr. Sanjib Kumar Dan
…..For the State
The petitioners seek anticipatory bail primarily on the groundthat Section 307, IPC, under which charges are levelled againstthe accused persons, is not attracted in respect of the petitionerseven prima facie.
It is submitted that the some of the other accused alreadyapproached the competent court and obtained bail. As such, thepetitioners reasonably apprehend arrest in connection with thematter and pray for anticipatory bail.
Learned counsel appearing for the State hands up the casediary and submits that charge sheet has already been filed in thematter and Section 307 IPC appears in the list of offences forwhich the charges have been framed.
It would be premature to go into the merits of the question,as to whether the nature of the allegations made have led to anoffence under Section 307 of the IPC, at this juncture.
Accordingly, CRM 11267 of 2020 is disposed of.
The petitioners are directed to surrender before theappropriate court and seek regular bail.
Urgent certified copy of this order, if applied for, be handedover to the parties on the usual undertaking.
(Saugata Bhattacharyya, J.)(Sabyasachi Bhattacharyya, J.)