Sekh Babu @ Sk Babu v. State Of West Bengal

C.R.M. (A) 3903 of 2022 16.08.2022 Sl.21 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pukhuria Police Station Case No.181 of 2022 dated 26/05/2022 under Sections 448/376/323/34 of the Indian Penal Code, 1860 (corresponding to G.R. Case No.1296/2022).

And In the matter of: Sekh Babu @ Sk. Babu ....petitioner.

Mr. Mazhar Hossain Chowdhury Ms. Mobashshara Alam ...for the petitioner.

Mr. Imran Ali Ms. Debjani Sahu ...for the State.

Ms. Soma Chowdhury (Bandhu) ... for the de facto complainant.

Petitioner prays for anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement of the neighbours recorded under Section 161 of the Code of Criminal Procedure where such neighbours said that they saw the petitioner running away from the place of occurrence.

Learned Advocate appearing for the de facto complainant submits that the de facto complainant is receiving phone calls from the petitioner. She submits that the petitioner received calls from the number 9883257997 last night as also this

morning. It is claimed that, such number belongs to the petitioner.

There are statements in the case diary of independent persons claiming to see the petitioner running away from the place of occurrence.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, we are unable to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 3903 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)