1. The matter has been heard via video conferencing.
2. Heard Mr. Pramod Kumar Singh, learned counsel for the petitioner and Mr. Md. Arif, learned Additional Public Prosecutor (hereinafter referred to
as the ‘APP’) for the State.
3. The petitioner apprehends arrest in connection with Digha PS Case No. 341 of 2020 dated 30.06.2020, instituted under Sections 447, 341, 354(B),
323, 325, 307, 504 and 506/34 of the Indian Penal Code.
4. The allegation against the petitioner and five other named and 10â€"15 unknown persons is of assault on the son of the informant and also of firing
on the leg of the informant’s nephew and assault by iron rod upon the informant causing injury on both hands and also head injury to one Prince
Kumar. Further, against two other co-accused, it is also of snatching gold chain from the neck of the informant and also of causing disturbance at a
community hall where the marriage of the niece of the informant was going on and also of harassing women there.
5. Learned counsel for the petitioner submitted that the parties are neighbours and some altercation took place, but later on the matter has been
compromised. It was submitted that other co-accused have been granted anticipatory bail by the court below but because the petitioner has two
criminal cases, his prayer was rejected. It was submitted that even otherwise there is no specific allegation of overt act against the petitioner and the
same is general and omnibus in nature.
6. Learned APP submitted that the incident did occur as it was captured on CCTV at two different places. It was submitted that the same really
shows that the petitioner’s side was aggressor and the petitioner has two other cases under serious sections of the Indian Penal Code as also the
Arms Act. Learned counsel submitted that as the petitioner has actively participated in the said crime, he does not deserve any indulgence.
7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to grant pre-
arrest bail to the petitioner.
8. Accordingly, the application stands dismissed.
