Md Rafique v. State Of West Bengal

17.05.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 2182 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pukhuria Police Station FIR No. 03 of 2021 dated 04.01.2021 under Sections 341/326/307/427/34 of the Indian Penal Code, 1860.

And In Re : Md. Rafique ...... petitioner Mr. Abhra Mukherjee Mr. Sayantan Hazra Mr. Sauradeep Dutta ....for the petitioner Mr. Arindam Ghosh Mr. Pronojit Roy ....for the de-facto complainant Mr. Joydeep Roy Ms. sujata Das ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioner was falsely implicated.

Learned advocate appearing for the State submits that, the victim suffered gun shot injury. He refers to the statement of the injured recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.). He contends that the petitioner is absconding since January 4, 2021.

Considering the long absconsion of the petitioner and considering the 164 Cr.P.C. statement of the victim implicating the petitioner and considering the gravity of the offence and the involvement of the petitioner therein, we are unable to enlarge the petitioner on anticipatory bail.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 2182 of 2022 is dismissed.

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