Afsar @ Abser Mia v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 03-12-2021 Item no.82 Subrata CRM No.6314 of 2021 Afsar @ Abser Mia -vsThe State of West Bengal In Re: An application for anticipatory bail under Section 438 CrPC in connection with Gangarampur P.S. Case No.173 of 2009 dated May 24, 2009 under sections 365/34 IPC and charge-sheet no.421 of 2009 dated December 27, 2009 under sections 365/376/34 IPC. Ms. Jeenia Rudra Ms. S. Dey ...for the petitioner Ms. Zareen N. Khan Ms. Sreeparna Das ... for the State The petitioner apprehending arrest seeks anticipatory bail. Learned advocate for the State producing the case diary draws the attention of the statement recorded under section 164 CrPC and the medical report. She submits that the victim was recovered from the house of the petitioner and that the petitioner has been absconding since 2009.

Considering the gravity of the offences and the complicity of the petitioner therein and the statement recorded under section 164 CrPC of the victim and also considering the fact that the petitioner has been absconding for a long period and that warrant of arrest was issued against him, we are not inclined to grant anticipatory bail to the petitioner.

Consequently, CRM No.6314 of 2021 is dismissed. [Debangsu Basak, J] [Krishna Rao, J]