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Calcutta High CourtCRM (A)/695/2023dismissed as rejected

Samser Ali Khan @ Samsur Ali Khan @ Sutke And ORS v. The State Of West Bengal

2023-02-20Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi3 pages

C.R.M. (A) 695 of 2023 20.02.2023 Sl.10 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Joypur Police Station Case No.24 of 2021 dated 26.03.2021 under Sections 326/307/286/34 of the Indian Penal Code, under Section 9B of the Indian Explosive Act, 1884 and 3 and 4 of the Explosive Substances Act, 1908.

And In the matter of: Samser Ali Khan @ Samsur Ali Khan @ Sutke & Ors.

....petitioners.

Ms. Pampa Dey (Dhabal) Mr. Nikhil Kumar Gupta ...for the petitioners.

Mr. Swapan Benrjee Mr. Anindya Sundar Chatterjee ...for the State.

Petitioners pray for anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated.

Learned Advocate appearing for the State submits that the police case is dated March 26, 2021. The petitioners were involved in hurling bombs in which persons died.

There is an issue of long absconsion of the petitioners. The police case is dated March 26, 2021.

There are materials in the case diary implicating the petitioners in the hurling of bombs in which the persons died. Considering the gravity of the offence and the involvement of the petitioners in the incident, we are unable to grant anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

C.R.M. (A) 695 of 2023 is dismissed.

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