Sk Zahiruddin@Sekh Jahiruddin And ORS v. State Of West Bengal

14.03.2023 Ct. No. 29 CHC Rejected C.R.M.(A) 840 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with RPF/Andal (Open Line) Post Case No.17 of 2022 dated 04.10.2022 under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966.

And In the matter of: Sk. Zahiruddin @ Sekh Jahiruddin & ors. ...... petitioners Mr. Sujoy Sarkar, Mr. Rahul Chachan ....for the petitioners Mr. Dipankar Dandapath, Mr. Sagar Saha ...for the Railways Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that petitioners were not named in the First Information Report. Those stolen properties were not found from the possession of the petitioners. Therefore, custodial interrogation of the petitioners are not required.

Learned advocate appearing for the railways submits that there is a criminal complaint against the petitioners. The petitioners are persons who steal railway properties, regularly. In the present complaint, stolen properties of railways were recovered from the co-accused. Such co-accused named the

petitioners as persons who stole the railway properties and made them over to the persons who were arrested. There is a previous complaint as against the petitioners involving the same type of incident.

In such circumstances, enlarging the petitioners on anticipatory bail at this stage may affect the investigation. We, therefore, are unable to grant anticipatory bail to the petitioners.

CRM (A) 840 of 2023 is rejected.

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