Arif Molla @ Arif Hossain Molla And ORS. v. State Of West Bengal

C.R.M. (A) 1445 of 2024 24.04.2024 DL-35 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Usthi Police Station Case No. 420 of 2023 dated 10.09.2023 under Sections 448/364/302/34 of the Indian Penal Code, 1860. (G.R. Case No.3136 of 2023) And In the matter of: Arif Molla @ Arif Hossain Molla & Ors. ....petitioners.

Mr. Saswata Gopal Mukherji Mr. Aniket Mitra Mr. Sudipto Das ... for the petitioners.

Ms. Faria Hossain Mr. Sumon Saha ... for the State.

1. Petitioners pray for anticipatory bail.

2. Learned Advocate appearing for the petitioners submits that, the complaint to the police was lodged by an eye-witness. Such written complaint does not name any of the petitioners. Two statements under Section 164 of the Code of Criminal Procedure were recorded two and half months from the date of the incident.

3. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statements recorded under Section 164 of the Code of Criminal Procedure.

4. Statements recorded under Section 164 of the Code of Criminal Procedure are by eye-witnesses. They named all the petitioners as persons involved in the incident of assault leading to the murder of the victim.

5. Considering the gravity of the offence and the involvement of the petitioners therein, we are unable to grant anticipatory bail to the petitioners.

Signed By :

ABHIJIT DAS High Court of Calcutta 24 th of April 2024 06:07:14 PM

6. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

7. C.R.M. (A) 1445 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 24 th of April 2024 06:07:14 PM