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Calcutta High CourtCRM (A)/1999/2022dismissed

Sk. Mohammad. Ilius @ Sk. Md. Ilius@ Sk. Mahammad Ilias And ANR. v. State Of West Bengal

2022-05-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

04.05.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 1999 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 193 of 2022 dated 16.03.2022 under Sections 120B/323/326/354B/379/406/420/506/34 of the Indian Penal Code, 1860.

And In Re : Sk. Mohammad Ilius @ Sk. Md. Ilius @ Sk. Mahammad Ilias & Anr.

...... petitioners Mr. Suman De ....for the petitioners Mr. Sabir Ahmed Mr. A. Saha ....for the de-facto complainant Mr. S. G. Mukherjee, learned Public Prosecutor Mr. Partha Pratim Das Ms. Manasi Roy ....for the State Petitioner prays for anticipatory bail.

State and the de-facto complainant are represented. Considering the materials in the case diary, the involvement of the petitioners therein as transpiring therefrom and the gravity of the offence, we are unable to grant anticipatory bail to the petitioners.

The application was heard on previous day when certain observations were made. Today, learned advocate appearing for the petitioners submits that, the State Authorities are unable to

comply with the observations. He seeks initially to not press the application and, therefore, thereafter withdraw the application. Once the Court expressed its opinion, it would be imprudent to allow the petitioner either to withdraw or to not press the application.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 1999 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)