Calcutta High Court (Appellete Side)
Didar Gani @ Dider Gani & Ors vs The State Of West Bengal on 19 March, 2014
Author: Indrajit Chatterjee
Bench: Jayanta Kumar Biswas, Indrajit Chatterjee
1 In the High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side.
Present:-
The Hon'ble Mr. Justice Jayanta Kumar Biswas.
and The Hon'ble Mr. Justice Indrajit Chatterjee CRM No.1940 of 2014 Didar Gani @ Dider Gani & Ors.
v.
The State of West Bengal Mr. Surajit Basu ... for the petitioners.
Mr. Sunirmal Nag ... for the State.
Heard on :- March 19,2014.
Order on:- March 19,2014.
Jayanta Kumar Biswas, J:- The thirty-five petitioners in the CRM saying that they are apprehending arrest in connection with Amdanga P.S.Case No.254 of 2013 dated July 18,2013 under ss.147/148/149/324/ 326/307/ 427/ 379/506 IPC, ss.3/4 Explosive Substances Act and ss.25/27 Arms Act are seeking bail under s.438 CrPC.
The thirty-five petitioners in the CRM are among the seventy accused named in the FIR. The other thirty-five accused persons moved CRM No.1938 of 2014 ( Jakir Bulluk @ Jakir & Ors. v. The State of West Bengal) seeking bail under s.438 CrPC; and by order dated March 18,2014 this court rejected their prayer for anticipatory bail.
The order of this court dated March 18,2014 in CRM No.1938 of 2014 is quoted below:-2
" The thirty-five petitioners in the CRM saying that they are apprehending arrest in connection with Amdanga P.S.Case No.254 of 2013 dated July 18,2013 under ss.147/148/149/324/326/307/427/379/506 IPC, ss.3/4 Explosive Substances Act and ss.25/27 Arms Act are seeking bail under s.438 CrPC.
Advocate for the petitioners has submitted as follows. The case is one politically motivated. The petitioners have been falsely implicated for political reasons. There is no material to implicate them.
Advocate for the State producing the case diary has referred to the s.161 statement of the only accused arrested and the statements of the three injured and the related injury reports.
The case diary materials reveal that Alibuddin named by the injured and also in the FIR was arrested in connected with a previous case for commission of various offences. The injured have stated that the large number of politically charged people attacked them with bombs, guns and other deadly weapons. They stated about the injuries the attackers caused and the injury reports support their case. Having regard to the nature of the offences, we think it will be inappropriate to grant the petitioners anticipatory bail.
For these reasons, we dismiss the CRM. Certified xerox."
Advocate for the petitioners in this CRM has made the same argument that he made seeking anticipatory bail for the thirty-five petitioners in CRM No.1938 of 2014. After considering the case diary materials and the facts and circumstances of the case, we are of the view that these petitioners are not entitled to anticipatory bail as well.
For these reasons and also for the reasons stated in the order dated March 18,2014 in CRM No.1938 of 2014, we dismiss the CRM. Certified xerox.
sh ( Jayanta Kumar Biswas, J)
(Indrajit Chatterjee, J)
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