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Calcutta High CourtCRM (A)/1049/2023dismissed as rejected

Gita Mallick @ Hazi v. State Of West Bengal

2023-03-14Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi3 pages

C.R.M. (A) 1049 of 2023 14.03.2023 Sl.36 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nimta Police Station Case No.598 of 2021 dated 01.08.2021 under Sections 302/201/120B/34 of the Indian Penal Code read with Sections 25/27/35 of Arms Act, arising there from G.R No.6468/2021.

And In the matter of: Gita Mallick @ Hazi ....petitioner.

Mr. Dipak Sengupta, Ld. Sr. Advocate Mr. Jaydip Banerjee ...for the petitioner.

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

Mr. S.M. Obaidullah Mr. R. Chowdhury ... for the de facto complainant.

Petitioner prays for anticipatory bail.

The police case is dated August 1, 2021.

The victim suffered gunshot injury.

Petitioner stands implicated in the incident. State and the de facto are represented.

Prayer for anticipatory bail of another co-accused was rejected by the order dated March 24, 2022 passed in CRM (A) 1379 of 2022.

Learned Advocate appearing for the State submits that, writ of proclamation and attachment were already issued against the petitioner.

In view of the long absconsion of the petitioner and in view of the involvement of the petitioner in the incident as transpiring from the materials in the case diary, we are unable to grant anticipatory bail to the petitioner.

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

C.R.M. (A) 1049 of 2023 is dismissed.

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