IN THE COURT OF VACATION JUDGE, COOCH BEHAR

Present : Hiranmoy Sanyal,

Vacation Judge, WB00748.

Bail Petition No. 1735/2023

CNR No. WBCB01-002646-2023

06/11/2023

In the present application, the petitioners namely 1) Pradip Barman @ Prodip

Barman and 2) Rahul Hoque have filed an application under section 438 of the Criminal
Procedure Code for granting anticipatory bail in connection with Sitai P.S. Case No.
204/2023 dated 20/09/2023, under sections 364A/34 of the Indian Penal Code
corresponding to G.R. Case No. (I) 531/2023.
Learned advocate for the petitioners submits that prior to filing of the present
application, the petitioners did not file any application under section 438 of the Criminal
Procedure Code before the Hon’ble High Court or any other superior Court, and or, no
such application is pending or there was no rejection of the such prayer by the Hon’ble
Court. The aforesaid facts are stated in the application supported by an affidavit. Learned
Public Prosecutor contends that there is no indication in the Case Diary in disputing the
aforesaid facts.
Learned advocate for the petitioners submitted that the allegation is out and out
false and there was some financial dispute only between the petitioners and the victim.
The petitioners are in no-way connected with the alleged crime. Moreover, the victim has
already been recovered. As such, the learned advocate has prayed for allowing the prayer
for anticipatory bail made by the petitioners.
On the other hand, learned Public Prosecutor by producing the Case Diary has
vehemently opposed the bail prayer and submitted that the Case Diary contains sufficient
prima facie incriminating evidences against the present accused petitioners.
Perused the case record as well as the Case Diary.
Considered the submissions of both sides.
It appears from the Case Diary that investigation is still continuing and the victim
has categorically mentioned the names of these petitioners in his statement under section
164 of the Criminal Procedure Code.
In view of the situation, I do not deem it a fit case where protection under section
438 of the Criminal Procedure Code should be provided to the present accused petitioners.
Accordingly, the prayer under section 438 of the Criminal Procedure Code as
made by the petitioners stands rejected.
Thus, the bail petition is disposed of.
Case Diary and Lower Court Record be returned at once.

Dictated and corrected by me,

Sd/- Sd/- H. Sanyal
Vacation Judge, Vacation Judge,
Cooch Behar. Cooch Behar