Denying Anticipatory Bail to TMC leader Sheikh Sufiyan in the West Bengal post-poll violence case which is currently being probed by the CBI on the ground of 'grievousness of offence', the Calcutta High Court noted,

"considering the fact that the investigations are yet to be concluded, we are unable to grant anticipatory bail to the petitioner."

Sufiyan was the polling agent of West Bengal Chief Minister Mamata Banerjee in Nandigram for the 2021 West Bengal Assembly elections, has been named in the charge-sheet.

His statements have been recorded under Section 164 of the Code of Criminal Procedure after CBI filed the charge-sheet in the matter.

Opposing his bail in the Court, Learned Additional Solicitor General (ASG) appearing for the CBI submited that the investigations were taken over by the CBI pursuant to the order of the Full Bench that the atmosphere was vitiated prior to the CBI taking over the charge of the investigation. It is subsequent to the CBI taking over the investigations that the persons came forward to name the accused, he said. He referred to the gravity of the offences and the involvement of the petitioner as appearing from the case diary.

Learned Advocate appearing for the de facto complainant submitted that the petitioner is an influential person. The State withdrew three murder cases against the person, immediately before the Assembly Election of 2021. A PIL was filed before the Division Bench. The Division Bench was pleased to reinstate the criminal proceedings. Against such order of the Division Bench, a Special Leave Petition was preferred before the Hon’ble Supreme Court. The Hon’ble Supreme Court directed the Division Bench to re-hear the matter.

He stated that CBI has implicated the petitioner as one of the principal persons involved in the incident and opposes his bail plea.

The Learned Senior Advocate appearing for the petitioner submitted that the petitioner is sought to be roped into the criminal complaint on the basis of a political vendetta. However, the Court didn't buy into his submission and denied bail noting the gravity of the offence.

"Considering the gravity of the offence and considering the materials in the case diary and considering the statement recorded under Section 164 of the Code of Criminal Procedure, implicating the petitioner in the incident and considering the fact that the CBI is conducting the investigation pursuant to the order passed by the Full Bench and considering the fact that the investigations are yet to be concluded, we are unable to grant anticipatory bail to the petitioner."

 Read Order Here:

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