Calcutta High Court (Appellete Side)
Bibek Kundu vs Unknown on 23 September, 2019
Author: Sahidullah Munshi
Bench: Sahidullah Munshi
1 23.09.2019
.
Item No. 153
ap (Rejected) C.R.M. 8980 of 2019 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 19.09.2019 in connection with Khanakul Police Station Case No. 191 of 2019 dated 17.07.2019 under Sections 305/384/506 of the Indian Penal Code read with Section 67(B) of the Information Technology Act.
And In the matter of: Bibek Kundu. ...petitioner Mr. Niladri Shekhar Ghosh. ...For the petitioner Mr. Arijit Ganguly.
Mr. Avik Ghatak. ..For the State The petitioner has prayed for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khanakul Police Station Case No. 191 of 2019 dated 17.07.2019 under Sections 305/384/506 of the Indian Penal Code read with Section 67(B) of the Information Technology Act.
The learned Counsel for the petitioner submits that the accused-petitioner is in different footing with that of the principal accused.
From the case diary, we find that direct complicity is available against the present petitioner in respect of the offence committed.
Considering the materials already collected in the case diary, we cannot rule out the possibility frustrating trial of the petitioner 2 is granted anticipatory bail. We are not inclined to grant anticipatory bail to the petitioner.
Accordingly, the application for anticipatory bail is rejected.
(Sahidullah Munshi, J.) (Subhasis Dasgupta, J.)