Calcutta High Court (Appellete Side)
Alok Das @ Alok Ranjan Das & Ors vs Unknown on 19 May, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
83 19.05.2011 C.R.M. 2291 of 2011
Sd
Re: An application for bail under Section 438 of the Code of
Criminal Procedure filed on 11th March, 2011 in connection with
Bhabanipur P.S. Case No 12/07 dated 07.02.07 under Section
147/ 148/ 149/ 341/ 186/ 332/ 333/ 353/ 323/ 325/ 364/307
of the Indian Penal Code with addition Section 302/201/411/379
of Indian Penal Code read with Section 9(b) of the I.E. Act.
And
In the matter of : Alok Das @ Alok Ranjan Das & Ors.
.... Petitioners (in Jail).
Mr. Sekhar Basu,
Mr. Amal Krishna Samanta.
....For the Petitioners.
Mr. Pinaki Bhattacharyya.
....For the State.
Heard learned counsel for the petitioners as well as the
learned counsel for the State. Perused the case diary.
The petitioners apprehending arrest for having committed
offence under Section 147/ 148/ 149/ 341/ 186/ 332/ 333/
353/ 323/ 325/ 364/307 of the Indian Penal Code with addition
Section 302/201/411/379 of Indian Penal Code read with
Section 9(b) of the I.E. Act. have approached this Court for grant
of pre-arrest bail.
This is a case where a police officer while discharging
his official duties was killed brutally. While some of the
petitioners were named in the F.I.R., the rest are in the
statement of the witnesses recorded under Section 161 of the
Code of Criminal Procedure.
Having gone through the case diary and the materials
collected during investigation, we find that the petitioners prima
facie complicity in the commission of the offence has been made
out and, therefore, question of granting pre-arrest bail does not
at all arise and the same stands rejected.
The application for anticipatory bail is accordingly
rejected.
(J. N. PATEL, CHIEF JUSTICE)
(ASHIM KUMAR ROY, J.)