Sk Rustam Ali v. State Of West Bengal

03.02.2023 Serial no. 04 [Dd] (Anticipatory bail) (Rejected) CRM (A) 445 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Joypur Police Station Case No. 223 of 2022 dated 28.12.2022 under Sections 188/379/411/120B of the Indian Penal Code and Section 7 of Essential Commodities Act, 1955. -AndIn the matter of : Sk Rustam Ali ... ...Petitioner Mr. Malay Bhattacharyya, Advocate ... ... For the Petitioner Mr. Rudradipta Nandy, ld. APP Ms. Sonali Das, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that the investigations are in progress. He refers to the statement recorder under Section 161 of the Criminal Procedure Code of eye-witnesses, who claimed that they saw the petitioner being involved in the incident. There are materials in the case diary implicating the petitioner in the interference of the public distribution system. Complicity of the petitioner in the incident cannot be overlooked at this stage.

Consequently, we are unable to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

CRM (A) 445 of 2023 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)