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Calcutta High CourtCRM (A)/397/2025rejected

Alema Saha @ Alem Saha And ORS v. The State Of West Bengal

2025-02-07Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Subhendu Samanta2 pages

07.02.2025 sdas Rejected C.R.M. (A) No. 397 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Egra Police Station Case No. 751 of 2024 dated 17.11.2024 under Sections 103(1)/126(2)/127(2)/3(5) of the BNS. And In Re : Alema Saha @ Alem Saha & Ors. ...... petitioners Ms Minal Palana .....for the petitioners Mr. Arindam Jana Mr. Sounak Bhattacharya Mr. Sounak Mandal ..... for the de facto complainant Mr. Bitasok Banerjee Ms. Purnima Ghosh .... for the State 1.

Learned Counsel for the petitioners submits over the selfsame incident an earlier case was registered. Petitioners have been enlarged on bail. Subsequently victim died and they have been falsely implicated. They pray for anticipatory bail. 2.

Learned Counsel for the State opposes the prayer for anticipatory bail.

3.

Learned Counsel for the de facto complainant submits earlier case related to a different incident. 4.

We have considered the materials on record.

Statements of witnesses prima facie disclose the petitioners as the assailants of the victim. Due to injury suffered the victim died. In view of the their prima facie role in the crime and

gravity of the offence, we are not inclined to grant anticipatory bail to the petitioners.

5. Accordingly, prayer for anticipatory bail is rejected. (Subhendu Samanta, J.) (Joymalya Bagchi, J.)