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Calcutta High CourtCRM/2365/2021disposed

Aslam @ Md. Aslam Raza v. State Of West Bengal

2021-08-06Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

06.08.2021 Item no.50.

Court No.32.

AB (Rejected) (Via Video Conference) CRM No. 2365 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 3.3.2021 in connection with Chakulia Police Station Case No.201 of 2012 Dated 4.8.2012 under Sections 363/365/366A/120B of the Indian Penal Code And In the matter of : Aslam @ Md. Aslam Raza ......Petitioner.

Mr. Habibur Rahaman, Mr. M. A. Salik, Ms. Saba Perveen .....for the Petitioner.

Mr. N. P. Agarwala, Mr. Ashoke Das, Ms. S. Patel ......for the State.

It is submitted on behalf of the petitioner that out of the five accused persons in this complaint, four have been granted bail. The petitioner has been falsely implicated in this case. Charge sheet has been submitted. Hence, his custodial interrogation is no longer necessary.

The State opposes the prayer for anticipatory bail and submits that the petitioner has been absconding for the last eight years. There is sufficient material in the case diary against the petitioner implicating him in the alleged offence.

Upon consideration of the material in the case diary, nature of allegations against the petitioner, his prima facie involvement in the alleged crime and as the petitioner has been absconding for the last eight years, we are not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail stands rejected. C.R.M. No.2365 of 2021 is, accordingly, dismissed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)