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Calcutta High CourtCRM (A)/3188/2025rejected

Rashimuddin v. State Of West Bengal

2025-10-27Hon'Ble Justice Jay Sengupta2 pages

27.10.2025 Court No.28 Item No.36 tbsr Reject CRM (A) 3188 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Malda (T) G.R.P.S. Case No. 84 of 2024 dated 27.11.2024 under Sections 123/305(c) of the Bharatiya Nyaya Sanhita, 2023 added Section 317(2)/317(4) of the Bharatiya Nagarik Suraksha Sanhita. And In the matter of: Rashimuddin ....Petitioner.

Ms. Priyanka Saha ....for the petitioner Mr. Subhamoy Bhattacharya Ms. Manasi Roy ....for the State Learned counsel appearing on behalf of the petitioner submits as follows. While the petitioner was in custody in connection with an another case, he was named by the co-accused in this case. Apart from that there is no other material appearing against the present petitioner. The present petitioner was not present at the place of occurrence at the relevant time.

Learned counsel appearing on behalf of the State relies on the case diary, opposes the prayer for anticipatory bail and submits as follows. First, there is a criminal antecedent of the petitioner. Secondly, while the train in question went from Sealdah to Aliporeduar, it was at Malda that the victim was offered some substance after which she became unconscious. The tower location of the petitioner's mobile showed that at the relevant time he was present at the Sealdah Station. On the very next date, his tower location showed that he was present at Raiganj.

Considering the incriminating materials available in the case diary and the fact the petitioner has criminal antecedent, I do not consider this to be a fit case for granting anticipatory bail. Accordingly, the application for anticipatory bail is rejected. (Jay Sengupta, J.)