WB post-poll violence: Calcutta HC cancels anticipatory bail for 13 accused

CBI had filed a a supplementary charge sheet in the Court of Baruipur additional chief judicial magistrate against 17 accused who were given anticipatory bail by District and Sessions Judge, Alipore

The Calcutta High Court on Monday cancelled the anticipatory bail of 13 accused in connection with the killing of Haran Adhikari during post-poll violence in West Bengal last year, officials said here.

The CBI took over the case on September 1 last year on the High Court orders.

"It was alleged that at 8 PM in the evening on May 02, 2021, the said accused and others had beaten deceased Adhikari and other persons fiercely with bricks, sticks, 'shovels' and da (chopper) in front of house of one of accused in connection with bursting fire crackers," a CBI spokesperson said.

 

Adhikari, a BJP member, succumbed to injuries during treatment.

The CBI had filed a a supplementary charge sheet in the Court of the Baruipur additional chief judicial magistrate against 17 accused including Kurban, Ynus, Humayun, Rakhibul Molla, Usman Molla, Maiuddin Molla, Momrej Molla, Akhtar Molla, Reshma Molla, Supriya Bibi, Sirajul, Safikul Kazi and Dud Ali Molla who were given anticipatory bail by the District and Sessions Judge, South 24 Parganas, Alipore.

In its order, the High Court said, "Clearly on the ground of materials available in the case diary as on the date of the order granting anticipatory bail, it can be said that there were at least two statements recorded under Section 164 of the Criminal Procedure Code of two injured eye witnesses who had implicated all the opposite parties."

"Statement of injured eye witnesses recorded under Section 164 of the Criminal Procedure Code has to be given due emphasis while considering an application for grant of anticipatory bail," it said.

"In such circumstances, we find that the order granting anticipatory bail to the private opposite parties suffers from perversity," the Bench of Justice Debangsu Basak and Justice Bibhas Ranjan De said.

"We, therefore, cancel the orders of anticipatory bail granted in favour of the private opposite parties in all the applications. We also cancel all consequential steps taken subsequent to the order granting anticipatory bail to the private opposite parties in so far as they relate to the private opposite parties being enlarged on bail," it said.