Sk. Samim v. The State Of West Bengal

30.07.2024 Court No.29 Item No. 80 ar CRM (A) 2489 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973 read with Section 482 of Bharatia Nagarik Suraksha Sanhita, 2023 in connection with Manbazar Police Station Case No. 24 of 2024 dated 07.04.2024 corresponding to G.R Case No. 664 of 2024 under Sections 186/341/332/333/353/307/120B of the Indian Penal Code. And In Re: Sk. Samim Petitioner Md. Shahjahan Hossain Ms. Sanjida Sultana Mr. Prithwiraj Biswas For the Petitioner Mr. Suman De Mr. Soumya Basu Roy Chowdhurik For the State

1. Learned counsel for the petitioner submits that the petitioner is innocent and they have been falsely implicated.

2. Learned counsel for the State in opposing the prayer for anticipatory bail has relied upon the statement of the injured recorded under Section 161 Cr.P.C and the injury report. All the injured are police personnel who have prevented from discharging their duties by the petitioner and there is a clear allegation that the petitioner along with other co-accused have assaulted the police that had caused grievous injury. It further appears that the present petitioner is one of the co-accused who has taken lead role in assaulting the police personnel while they were on duty and attacked them.

3. In view of the above, we are not inclined to grant anticipatory bail to the petitioner.

1. Accordingly, the prayer for anticipatory bail of the petitioner is rejected and the same is accordingly disposed of.

2. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Uday Kumar , J)