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Calcutta High CourtCRM (A)/1227/2025rejected

Rabbekul Sk @ Abu @ Rabbekul Islam v. State Of West Bengal

2025-04-17Hon'Ble Justice Jay Sengupta2 pages

AD 32 April 17, 2025 Ct. 28 SG CRM(A) 1227 of 2025 Reject An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Suti P.S. Case No.613 of 2024 dated 15.08.2024 under Sections 150/3(5) of the BNS, 2023.

And In the matter of: Rabbekul Sk @ Abu @ Rabbekul Islam ... petitioner Mr. Debanshu Ghorai Mr. Anisur Rahman ... for the petitioner.

Mr. Sanjay Bardhan Mr. Samarjit Balial ... for the State Learned counsel appearing for the petitioner submits as follows. The petitioner is not the prime accused in this case. He is not even the owner of the property or even remotely related to the same. There was an accident that occurred pertaining to electricity connection. Even a proclaimed offender is entitled to pray for anticipatory bail. Learned counsel for the State opposes the prayer for anticipatory bail and submits as follows. As per the statement of the owner who was staying elsewhere, he had given a land to one Buddhu Sk and his sons including the present petitioner. The accused had put electric wire to surround the land purportedly for protecting the same. As per the statement of the injured witness recorded before the

learned Magistrate, the request to remove the electric wire was also not adhered to by the accused. The statements of witnesses clearly show the complicity of the petitioner and the other accused. A charge-sheet has been submitted. The petitioner has already been declared a proclaimed offender. In view of the incriminating materials available in the case diary and the fact that the petitioner had been declared a proclaimed offender, I am not inclined to grant anticipatory bail to the petitioner.

Accordingly, the application for anticipatory bail is, thus, rejected.

(Jay Sengupta, J.)