Kabatullah v. State Of West Bengal

05.05.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 2042 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Itahar Police Station Case No. 219 of 2020 dated 18.07.2020 under Sections 392/397/412 of the Indian Penal Code, 1860. And In Re : Kabatullah ...... petitioner Mr. Amit Ranjan Pati Mr. Ashok Halder ....for the petitioner Mr. Sudip Kumar Ghosh Mr. Sekhar Barman ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, no recovery was made from the possession of the petitioner. The petitioner was not identified in the Test Identification Parade.

Learned advocate appearing for the State submits that, the petitioner was involved in the incident of dacoity. He refers to the materials in the case diary.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, 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) 2042 of 2022 is dismissed.

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