A K M Hasanujjaman @ A. K. Hasanijjamana @ Hasen And ANR. v. State Of West Bengal

03.01.2024 Item No.7 Ct. No. 29 CHC Rejected C.R.M.(A) 4250 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Suti Police Station Case No. 515 of 2023 dated 30.08.2023 under Sections 286/34 of the Indian Penal Code, 1860 and Section 9 of M.P.O. Act, 1972.

And In the matter of : A K M Hasanujjaman @ A. K. Hasanijjaman @ Hasen & anr.

...... petitioners Mr. Rajdeep Mazumder, Mr. Anisur Rahman, Mr. Avijit Sarkar ....for the petitioners Mr. Arijit Ganguly, Mr. Avik Ghatak ....for the State Petition is taken up for consideration subsequent to the order dated October 16, 2023 passed by the co-ordinate Bench. By such order, the coordinate Bench granted interim anticipatory bail to the petitioners.

It is submitted at the bar that, such order was passed without consulting the materials in the Case Diary and in view of the ensuing Puja Vacation.

We perused the materials in the Case Diary.

We find that, there are statements of villagers who stated that, petitioners before us manufactured crude bombs and kept it for storage at the different places. The petitioners are involved in terrorising the locality.

Seizure list in the Case Dairy shows that crude bombs were seized. Complicity of the petitioners in the manufacture and storage of such crude bombs cannot be overlooked at this stage. Enlarging any of the petitioners on anticipatory bail may be inimical to the investigation.

In such circumstances, we are unable to extend the interim granted on October 16, 2023 or grant anticipatory bail to the petitioners.

This application for anticipatory bail is, thus, rejected. CRM(A) 4250 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)