Calcutta High Court (Appellete Side)
No. 344 Of 2019 Dated 9.5.2019 Under ... vs In Re : Wangdi Sherpa on 13 January, 2020
1 13.01.2020
tkm/ct 28 C.R.M. 12411 of 2019 sl no. 10
In Re : An application under section 438 of the Code of Criminal Procedure filed on 24.12.2019 in connection with Bhaktinagar P.S case no. 344 of 2019 dated 9.5.2019 under sections 302/325/34 of the IPC And In Re : Wangdi Sherpa ........ petitioner Mr. R Sengupta Mr. M Dutta Majumder ...... for the petitioner Mr. S Bapuli Mr. B Bhattacharya ...... for the State It is submitted on behalf of the petitioner that he had intervened in the course of a quarrel to pacify the warring parties. Unfortunately, he has been falsely implicated in the instant case.
Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioner was one of the members of a group who had actively participated in the assault of the victim resulting in his death.
Having considered the materials on record and in view of the prima facie role of the petitioner in the assault of the victim resulting in his death as appearing from the statements of witnesses recorded under section 164 Cr.P.C, we are not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail is rejected. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)