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Judgment
Arindam Lodh, J
Heard Mr. H. Debnath, learned senior counsel assisted by Mr. B. Debnath, learned counsel for the petitioners. Also heard Mr. Ratan Datta, learned PP assisted by Mr. S. Debnath, learned Additional PP appearing for the respondent-State.
This is an application filed under section 438 Cr.P.C. for granting pre-arrest bail to the petitioners in connection with Kadamtala PS case no. 38 of 2022 registered under sections 448/148/149/326/307/506 of the IPC.
Mr. Datta, learned PP has submitted that there are 4 (four) eye-witnesses who have seen all the accused persons including the present accused petitioners in the alleged incident.
Mr. Debnath, learned senior counsel has submitted that the 4 (four) eye-witnesses, who have mentioned the name of the present accused-petitioners are also accused to the connected counter case, lodged by the present accused persons.
I have gone through the case diary as submitted by learned PP.
It is found that the FIR maker is one of the injured persons. While he submitted the complaint, he specifically mentioned the names of 8 (eight) persons who have committed the offence, but, did not include the names of the present petitioners in his complaint.
Considering the facts that the FIR maker has not mentioned the names of the present petitioners in his complaint itself which was filed immediately after the occurrence of the incident, I direct the petitioners to surrender before the competent court with the said plea and pray for bail. The learned competent court shall consider the plea of the petitioners and decide the bail application on merit.
With this observation and direction, the instant application stands disposed of.
Return back the case diary.