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Calcutta High CourtCRM (A)/4087/2023rejected

Sk. Motiul @ Sk. Matiul @ Anna @ Anand v. State Of West Bengal

2023-10-06Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

06.10.2023 D/L 30 Ct. No.29 (Rejected) (SKB) CRM (A) 4087 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Tamluk P. S. Case No.829 of 2022 dated 14.09.2022 under Sections 302/201/34 of the Indian Penal Code and Sections 25/27 of the Arms Act (G.R. Case No.2746 of 2022).

In the matter of : Sk. Motiul @ Sk. Matiul @ Anna @ Anand ... Petitioner Mr. Amal Krishna Samanta ... for the petitioner Mr. Saibal Bapuli, ld. APP Mr. Soumik Ganguli ... for the State

1. Heard learned counsel for the parties.

2. This is a case of murder, which started on the basis of registration of U.D. case as the dead body of the deceased was dumped near a canal. In course of investigation, eyewitness account of one lady dancer is found to be on record. From the statements of some other witnesses, the name of the present petitioner, Sk. Motiul @ Sk. Matiul @ Anna @ Anand is appearing.

3. Charge-sheet is stated to be filed in the meantime.

4. Regard being had to the gravity of the offence, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioner.

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

6. CRM(A) 4087 of 2023 is dismissed.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)