Anwar Khan And ANR v. State Of West Bengal

02.02.2022 Sl. 46 Court No.29 suvayan (Rejected) C.R.M. (DB) 116 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 10.01.2022 in connection with Kulti P.S. Case No.

502/21 dated 23/09/2021 under Sections 25(1B)/1B(a)(c)/6/7(i)/8/26/27(1)/29(a)(b)/35 of the Arms Act read with Section 120B of the Indian Penal Code.

And In the matter of: Anwar Khan & Anr.

....petitioners.

Mr. Sekhar Kumar Basu Mr. Abijit Ganguly Mr. Diptangshu Basu ...for the petitioners.

Mr. Madhusudan Sur Mr. Dipankar Paramanick ...for the State.

Petitioners seek bail.

Learned Senior Advocate appearing for the petitioners submits that the petitioners are in custody in excess of 127 days. The police filed charge-sheet and, therefore, further detention of the petitioners are not required. He submits that no arms were recovered from the possession of the petitioners.

Learned Advocate appearing for the State submits that pursuant to the leading statement for both the petitioners, arms were recovered. He relies upon a seizure list to such effect.

Considering the gravity of the offence and the complicity of the petitioners therein as prima facie appearing from the materials in the case diary and considering the fact that arms were seized pursuant to the statement made by the petitioners, we are unable to grant bail to the petitioners.

Accordingly, the prayer for bail of the petitioners are rejected. C.R.M. (DB) 116 of 2022 is dismissed.

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