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IN THE HIGH COURT AT CALCUTTA
JAY SENGUPTA
Asit Barik – Appellant
Versus
Superintendent of Police, Central Bureau of Investigation – Respondent
JUDGMENT
Jay Sengupta, J:
1. This is an application for anticipatory bail, in connection with Sessions Case No. 06 of 2025 under Sections 302/341/323/506/427/354/201/34 of the Penal Code arising out of CBI Case No. RC Case No. – 056-2021-S-0008 dated 25.08.2021 which, in turn, arises from Narkeldanga Police Station Case No. 124 dated 02.05.2021.
2. Learned counsel appearing on behalf of the petitioner submits as follows. The present petitioner is not the principal accused. He was neither named in the FIR nor in the first charge sheet submitted by the CBI. The petitioner is a neighbor of the alleged victim/deceased and the victim/brother of the deceased. There was a criminal case started earlier against the present petitioner with the allegation that he had assaulted the said victim. Inspite of all these, it appears that the present petitioner was not specifically named by the victim as one of the assailants in this case at the time of making his first complaint. The petitioner’s name cropped up only in a subsequent statement made by the present victim in the year 2022. Now, the present petitioner has been shown as an accused in a charge sheet filed by the CBI in this case. Summons was
Anticipatory bail granted based on the absence of immediate incriminating evidence, focusing on procedural fairness and the evolving nature of accusations in a murder case stemming from post-election....
Second or subsequent bail applications can be filed when there are change in circumstances, so that petitioner could establish entitlement of bail/anticipatory bail in view of change in circumstances....
Anticipatory bail may be granted when the applicant is not named in the FIR, faces vague allegations, and has no criminal antecedents.
Anticipatory bail applications can be granted under changed circumstances, providing protection against wrongful arrest while ensuring cooperation with the investigation.
The nature and gravity of the accusation, the antecedents of the accused, the possibility of fleeing from justice, and the impact of grant of anticipatory bail are crucial factors in determining the ....
Accused praying for anticipatory bail has to make out more than a prima facie case of false implication – Grant of anticipatory bail is not a matter of course.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
Anticipatory bail may be granted even if proceedings under Sections 82 and 83 Cr.P.C. are active, depending on case specifics, despite the usual ineligibility of proclaimed offenders.
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