Rahamat Khan And ORS. v. State Of West Bengal And ANR

16/04/2025 D/L 41 Ct. No.28 (Rejected) C.R.M.(A) 1212 of 2025 (S.Kundu) In Re:- An application for anticipatory bail under section 438 of the code of Criminal Procedure 1973 (as amended till date) corresponding Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Saktipur Police Station being Case No. 169 of 2024 dated 19.06.2024 under Section 447/323/307/379/354/34 of the Indian Penal Code read with Sections 9B of the I.E Act pending before the learned Sessions Judge, Murshidabad, bearing G.R. No. 3094 of 2024.

In the matter of: Rahamat Khan & Ors.

... Petitioners Mr. Amitabha Karmakar, Mr. Arnab Kumar Neogi, Mr. Sourav Samanta ... for the petitioner Mr. Robiul Islam, Mr. Masooq Rahaman ...for the de-facto.

Mrs. Subhasree patal, Mr. Saptarshi Chakraborty ... for the State

1. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners have been falsely implicated in this case. None of the victims suffered any grievous injury.

2. Learned counsel appearing on behalf of the State relies on the case diary and an order dated 4/11/2024 passed by a Division Bench of this Court in CRM (A) 3697 of 2024. She submits that similarly circumstanced co-accused were denied the benefit of anticipatory bail by such order. She further submits that the petitioner nos. 1 and 2 have

criminal antecedents. This is a case where apart from other allegations, bombs were hurled at the victim's family.

3. The de-facto complainant is represented.

4. In view of the incriminating materials contained in the case diary and the order of rejection of anticipatory bail of substantially similarly circumstanced co-accused by this Court, I am not inclined to grant anticipatory bail to the petitioners.

5. Accordingly, the application for anticipatory bail is dismissed.

(Jay Sengupta, J.)