Thakur Sk @ Md. Ibrahim Sk v. The State Of West Bengal
05.09.2024 Court No.29 Item No. 48 Rejected ar CRM (A) 3113 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak Police Station Case No. 454 of 2024 dated 10.04.2024 corresponding to G.R Case No. 2296 of 2024 under Sections 448/341/324/326/307/34 of the Indian Penal Code read with Section 302 of the Indian Penal Code.
And In Re: Thakur Sk @ Md. Ibrahim Sk Petitioner Mr. Kazi Mokhlasur Rahman For the Petitioner Mr. Saibal Bapuli, Ld. APP Ms. Sudeshna Das For the State
1. In view of the fact that the petitioner has been declared as proclaimed offender, as revealed from the case diary, prior to the filing of the application for anticipatory bail and the prayer for anticipatory bail of a co-accused similarly placed was rejected by this Court in CRM (A) 3073 of 2024 on 04.9.2024 and in view of the judicial verdict with regard to the maintainability of anticipatory bail after the petitioner has been declared as proclaimed offender, we are not inclined to grant anticipatory bail to the petitioner.
2. Accordingly, the prayer for anticipatory bail of the petitioner is rejected and the same is accordingly disposed of.
3. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Soumen Sen, J) (Shampa Dutt (Paul), J)