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Calcutta High CourtCRM (A)/1342/2023dismissed as rejected

Sk. Mujibar Rahaman @ Sekh Mujibar Rahaman v. State Of West Bengal

2023-03-30Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

30.03.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 1342 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Panchla Police Station Case No. 289 of 2021 dated 23.08.2021 under Sections 376/417 of the Indian Penal Code, 1860.

And In Re : Sk. Mujibar Rahaman @ Sekh Mujibar Rahaman ...... petitioner Mr. Sabyasachi Chatterjee Mr. Akashdeep Mukherjee Mr. Pritam Chatterjee Mr. Soumyadeep Nag ....for the petitioner Mr. Soumya Basu Roychowdhury ....for the de-facto complainant Mr. Debabrata Chatterjee Mr. Santanu Chatterjee ....for the State The police case is dated August 23, 2021.

There is a statement of the victim recorded under Section 164 of the Code of Criminal Procedure implicating the petitioner in the incident.

State and the de-facto complainant are represented. The claim of the petitioner is that due to political rivalry, the petitioner was falsely implicated.

In response to a query of the Court, as to when the petitioner became aware of the present police case, learned advocate for the petitioner submits that the petitioner was not in a position to the date of knowledge.

In such circumstances, considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 1342 of 2023 is dismissed.

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