Ali Akbar Malida And ANR. v. The State Of West Bengal

04.09.2024 Court No.29 Item No. 114 sg CRM (A) 3014 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the BNSS, in connection with Bhabanipur Police Station Case No. 168 of 2024 dated 20.06.2024 under Sections 420/363/379/384/506/120B of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate-II at Haldia, Purba Medinipur. And In Re: Ali Akbar Malida & Anr.

Petitioners Mr. Swapan Kumar Mallick Ms. Sudeshna Das For the Petitioners Ms. Sonali Das Mr. Sobham Gani For the State 1.

The learned Counsel for the petitioner submits that the petitioners are innocent and have been falsely implicated.

2.

The learned Counsel for the State, in opposing the prayer for anticipatory bail, has submitted that the petitioners are extortionists and has referred to the statement of the defacto complainant recorded under Section 164 of the Code of Criminal Procedure and also the CCTV footage of the day's incident. 3.

Considering the materials available in the case diary, the nature and extent of complicity of the petitioners in the commission of alleged offence, the statement of the defacto complainant and the CCTV footage which corroborates the statement of the defacto complainant and also in view of the fact that the petitioners have not complied with the notice under Section 41A

Cr.P.C., we are not inclined to grant anticipatory bail to the present petitioners.

4.

Accordingly, the prayer for anticipatory bail of the petitioners is rejected. (Soumen Sen, J.) (Shampa Dutt (Paul), J.)