Nasir Dhabak @ Nasiruddin Dhabak And ANR v. State Of West Bengal

05.07.2022 Item No.43 Court No.29 CHC Rejected CRM (A) 3172 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 403 of 2020 dated 14.09.2020 under Sections 447/427/435/436/34 of the Indian Penal Code read with Sections 3/ 4 of the Explosive Substances Act.

-AndIn the matter of : Nasir Dhabak @ Nasiruddin Dhabak & anr. ... ... Petitioners Ms. Minoti Gomes, Advocate ... ... For the Petitioners Mr. Sudip Ghosh, Advocate Mr. Bitasok Banerjee, Advocate ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that other co-accused were enlarged on anticipatory bail by the jurisdictional court. Police filed charge-sheet. Therefore, custodial interrogation of the petitioners are not required. She submits that there is a counter case also. She submits that petitioners applied for anticipatory bail twice before the jurisdictional court. At the second time, the application was dismissed as not pressed.

Learned advocate appearing for the State submits that petitioners are absconding since September 14, 2020. Police registered a case. She submits that petitioners were named by eye witnesses as persons involved in this case.

In view of the materials in the Case Diary implicating the petitioners in the incident, we are unable to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 3172 of 2022 is dismissed.

(Debangsu Basak, J.)

(Bibhas Ranjan De, J.)