Asraful Mondal @ Asraful Islam v. State Of West Bengal

13.05.2025

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE Item No.DL83 Court No. 28 Asraf, AR(Ct.) REJECTED CRM (A) 1563 of 2025 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Domkal Police Station case no.709 of 2024 dated 16.10.2024 under Sections 103(1), 238(a) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 9B of the Indian Explosives Act. -ANDIn the matter of :

ASRAFUL MONDAL @ ASRAFUL ISLAM ......Petitioner For the Petitioner :

Mr. Arnab Chatterjee Ms. Poulami Bose .....Advocates For the State :

Mr. Koushik Kundu Mr. Subhajit Chowdhury .....Advocates Learned counsel appearing on behalf of the petitioners submits as follows. The present FIR was lodged against unknown accused. Chargesheet has already been submitted. Other co-accused have been granted bail. It is alleged that while preparing bombs, the victim died. The only materials available against the petitioner are the statements of the co-accused. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. 85 live bombs were recovered from the petitioner's house

pursuant to the leading statements made by other co-accused. The petitioner has been evading arrest.

Considering the serious nature of the allegations and the incriminating materials available in the case diary including recovery of live bombs from the petitioner's house, I am not inclined to grant anticipatory bail to the present petitioner. Accordingly, the application for anticipatory bail being CRM(A) 1563 of 2025 is rejected.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

( Jay Sengupta, J. )