Calcutta High CourtCRM/2303/2021rejected

Abul Hossain @ Abul Hossain Sekh v. State Of West Bengal

2021-05-31Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Shampa Sarkar2 pages

31.05.2021 Court No.28 Item No. 40 Sn/srm Rejected CRM 2303 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Abul Hossain @ Abul Hossain Sekh & Anr. Petitioners Mr. Sanjib Kumar Dan Mr. Saryati Dutta For the Petitioners Mr. Madhusudan Sur Mr. Dipankar Parama For the State Apprehending arrest in connection with Nanoor P.S. Case No. of dated 07.09.2019 under sections 147/148/149/448/341/506/326/307 of the Indian Penal Code subsequently added section 302 of the Indian Penal Code read with section 25/27/35 of the Arms Act and Sections 3/4/5 of the Explosive Substances Act, the present application has been preferred. Mr. Dutta, learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated. The allegations levelled against the petitioners are unfounded.

The case has been registered on the basis of a suo moto complaint of the Officer-in-Charge of Nanoor Police Station and a complaint submitted by one Anup Kumar Garai. In the suo moto complaint, the name of the petitioner no.1 has not been included. No overt act has been attributed to the petitioners and in view thereof, custodial interrogation of the petitioners is not necessary. Mr.

and one person suffered a bomb blast injury in the incident. He has also drawn the attention of this Court to the statements of witnesses recorded under Section 161 of the Code and submits that investigation is yet to be completed.

We have heard learned Advocates for the respective parties and considered the materials in the case diary. Prima facie, the materials disclose the involvement of the petitioners in the alleged offence. Considering the gravity of the offence and the extent of complicity of the petitioners and since investigation is yet to be completed, we are not inclined to exercise any discretion in favour of the petitioners. As such, their prayer for anticipatory bail is refused.

The application for anticipatory bail, being CRM 2303 of 2021 is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Shampa Sarkar, J.) (Tapabrata Chakraborty, J.)