Haidar Ali v. State Of West Bengal

CRM (A) 150 of 2022 (Via Video Conference) 25.01.2022 Sl. 65 Court No.29 pg.

(Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Itahar P.S. Case No. 104 of 2020 dated 04/04/2020 under Sections 326/308 of the Indian Penal Code read with Sections 3/4 of the Explosive Substance Act and Section 25(1)(a) of the Arms Act. And In the matter of: Haidar Ali ....petitioner.

Mr. Tapan Datta Gupta Mr. Parvej Anam ...for the petitioner.

Mr. Sudip Ghosh Mr. Bitasok Banerjee ...for the State.

Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that petitioner was falsely implicated. He further submits that since the police filed charge-sheet, custodial interrogation of the petitioner is not necessary.

Learned advocate appearing for the State draws attention of the Court to the statement made under Section 164 of the Code of Criminal Procedure of the victim.

Considering the gravity of the offence and the involvement of the petitioner therein and the statement recorded under Section 164 of the Code of Criminal Procedure of the victim, we are unable to grant anticipatory bail to the petitioner. The application for anticipatory bail, being CRM(A) 150 of 2022, is rejected.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)