Mehedi Hasan v. State Of West Bengal

21.04.2025 Sl. No.20 Ct. 28 Sws.M C.R.M. (A) 1073 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Banshihari P.S. Case No.397 of 2024 dated 14.10.2024 under Sections 331(8)/103(2)/309(6) of the Bharatiya Nyay Sanhita, 2023. And In the matter of : Mehedi Hasan ... petitioner Mr. Milon Mukherjee, Ld. Sr. Adv.

Mr. Sourav Mukherjee ...for the petitioner.

Mr. Bitasok Banerjee Mr. Saptarshi Chakraborty ...for the State.

Learned senior counsel appearing on behalf of the petitioner submits as follows. There is hardly any incriminating material available against the present petitioner. The prime accused has been arrested with arms and articles were recovered from him. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He points to the postmortem report and the statement contained at page 272 of the case diary. He submits that a similarly circumstanced co-accused, namely, Rabiul had moved an application for anticipatory bail before this Court and the same was rejected.

In view of the materials available in the case diary including the statement of page 272 of the case diary and the fact that the anticipatory bail of similarly circumstanced co-accused has been rejected by this Court, I am not inclined to grant anticipatory bail for the petitioner.

The application for anticipatory bail being CRM(A) 1073 of 2025 is, thus, rejected.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)