103.10.2018 Item no. 124 Ct. No.34 Rejected C.R.M. No.7867 of 2018 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 13.09.2018 in connection with Raghunathganj Police Station Case No. 441/2017 dated 27.06.2017 for alleged offence punishable under Sections 341/323/325/308/34 of the Indian Penal Code, added Sections 302/354 of the Indian Penal Code.
In Re:- Elias Shaikh @ Ilias Sk @ Chowdhury @ Ilu Petitioner Mr. Ayan Bhattacharya, Advocate Mr. Kunal Ganguly, Advocate .. for the petitioner Mr. Rudradipta Nandy, Advocate ..for the State The petitioner seeks anticipatory bail in connection with Raghunathganj Police Station Case No. 441/2017 dated 27.06.2017 for alleged offence punishable under Sections 341/323/325/308/34 of the Indian Penal Code, added Sections 302/354 of the Indian Penal Code.
This is a case of mob lynching of a person suspected to be a child-lifter.
The petitioner says that the petitioner is the 54th person named in a charge-sheet filed against the 57 persons and, though in 2several cases the accused have been shown as absconding, in the petitioners case the remark is not arrested.
The petitioner claims that if the petitioner was not required to be arrested when the investigation was going on, there is no further need to take the petitioner into custody.
Considering that the incident was of mob lynching and the petitioners presence at the place of occurrence may have been established from some of the statements of the eyewitnesses, the custodial interrogation of the petitioner cannot be excused.
C.R.M.7867 of 2018 is rejected.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)