Sk. Asgar Ali @ Sk. Bishal And ANR. v. State Of West Bengal

21.09.2023 (M/L 226) Ct. No.29 Rejected (SKB) CRM (A) 3834 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Durgapur P.S. Case No.587 of 2022 dated 12.12.2022 under Sections 363/364A/365/34 of the Indian Penal Code (G.R. Case No.2333 of 2022). In the matter of : Sk. Asgar Ali @ Sk. Bishal and another ... Petitioners Mr. Archisman Sain ... for the petitioners Mr. Madhusudan Sur, ld. APP Mr. Arabinda Manna ... for the State

1. Heard learned advocates for the parties.

2. This is a case of kidnapping for ransom by the present petitioners and the other co-accused persons. On perusal of the statement of the victim recorded under Section 164 Cr.P.C., we find the involvement of the present two petitioners in the alleged crime.

3. Though it is submitted by learned advocate for the petitioner that the alleged amount was paid to the wives of the petitioners, no account is related to the same business transaction but no materials have been provided with the petition for anticipatory bail to substantiate circumstances.

4. Considering the serious nature of the crime, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioners.

5. Accordingly, the prayer for anticipatory bail is rejected.

6. CRM(A) 3834 of 2023 is dismissed.

(Chitta Ranjan Dash, J.)

(Partha Sarathi Sen, J.)