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Calcutta High CourtCRM (DB)/3166/2024rejected

Ankit Tiwari v. The State Of West Bengal

2024-12-23Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Partha Sarathi Sen2 pages

62.

23.12.2024 Court No.29 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3166 of 2024 In Re: - An application of bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of: - Ankit Tiwari.

.....petitioner.

Ms. Jeenia Rudra, Ms. Sangeeta Halder ...for the petitioner.

Mr. Imran Ali, Ms. Manisha Sharma ....for the State.

Dictated by Partha Sarathi Sen, J.

1. In support of the application for bail, learned advocate for the petitioner submits before this court that considering the long detention of the present accused-petitioner and also considering the fact that the present accused-petitioner is similarly circumstanced with another accused who has been enlarged on bail, the instant application for bail may be considered favourbaly.

2. While opposing the prayer for bail learned State advocate has filed a status report, which is taken on record. It is submitted on behalf of the State that on July 16, 2021, the accused-petitioner was enlarged on bail by this High Court. Thereafter, the present

accused-petitioner remained absconded for four years and finding no other alternative, the learned trial court issued nonbailable warrant of arrest against the present accused-petitioner on August 21, 2018 and ultimately he was apprehended on 13th January 2021.

3. We have considered the submissions and also considered materials placed before us. It appears to this court that the present accused-petitioner is disrespectful to the orders of this court. Considering the past conduct of the accused petitioner, we are not inclined to exercise our discretion in favour of the present accused-petitioner.

4. Accordingly, the prayer for bail is thus, rejected. (Arijit Banerjee, J.) (Partha Sarathi Sen, J.)