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Calcutta High CourtCRM (A)/655/2025rejected

Sekh Tohidur Rahaman @ Tahidul And ANR v. The State Of West Bengal

2025-02-27Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

27.02.2025 Sl. No.14 akd [Rejected] C. R. M. (A) 655 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 19.02.2025 in connection with Barabani Police Station Case No.100 of 2021 dated 02.07.2021 under Sections 395/397 of the Indian Penal Code and Sections 25/27 of the Arms Act. (G.R. Case No.1804 of 2021) And In Re: Sekh Tohidur Rahaman @ Tahidul & Anr.

... ... Petitioners Mr. Apurba Kumar Datta Ms. Sreemoyee Mukherjee ... ... for the petitioners Ms. Faria Hossain .. ld. Addl. Public Prosecutor Ms. Mousumi Sarkar ... ... for the State 1.

It is submitted on behalf of the petitioners that they have been falsely implicated. Accordingly, they pray for anticipatory bail. 2.

Learned Additional Public Prosecutor opposes the prayer for anticipatory bail.

3.

We have considered the materials on record. Petitioners were members of a gang of dacoits. Their names transpired from the statement of the driver. Petitioners have absconded for more than three years. They do not stand on the same footing with co-accused viz. Md. Akhtar, who is alleged to be the receiver of stolen property and has been granted pre-arrest bail. Under such circumstances, we are not inclined to grant anticipatory bail to the petitioners. 4.

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

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)