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Calcutta High CourtCRM (A)/1979/2025rejected

Makim Sekh @ Makim Saikh v. State Of West Bengal

2025-07-30Hon'Ble Justice Jay Sengupta2 pages

30/07/2025 D/L 26 Ct. No.28 S.Kundu C.R.M.(A) 1979 of 2025 Rejected In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure. In connection with Malda Town GR police station case no. 12 of 2025 dated 12.2.2025 under sections 179/180/61(2) of the BNS.

In the matter of: Makim Sekh @ Makim Saikh ... Petitioner Ms. Sabrina Parveen ...for the petitioner.

Mr. Bitasok Banerjee Ms. S. Dutta ...for the State.

1. Report filed on behalf of the State is taken on record.

2. Learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case. Apart from the statement of the co-accused, there is no other material available against him. The main accused is a relative of the petitioner. So it is natural that there would be phone calls between them.

3. Learned counsel appearing for the State opposes the prayer for anticipatory bail. She relies on the case diary and the report filed today. She submits that apart from the statement of the co-accused, there is phone call record showing frequent phone calls between the petitioner and the main accused. Moreover, there are three criminal antecedents that the petitioner has out of

which the details of one are available and placed before this Court by way of a report.

4. Considering the incriminating materials available in the case diary including the phone calls made with the main accused and the criminal antecedent of the petitioner, I do not consider this to be a fit case for granting anticipatory bail to the petitioner.

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

(Jay Sengupta, J.)