Masum Nabab @ Masum Nadab v. The State Of West Bengal

01.10.2024 SL No.45 Court No.29 (gc) (Rejected) CRM (A) 3519 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 filed in connection with Suti Police Station Case No.374 of 2024 dated 01.06.2024 under Sections 302/34 of the Indian Penal Code (Charge-sheeted under Section 302/120B/34 of the I.P.C.) And In the matter of : Masum Nabab @ Masum Nadab - Petitioner.

Mr. Mrityunjoy Chatterjee, Mr. Tusar Hazra ....For the Petitioner.

Mr. Rudradipta Nandy, Ld. A.P.P., Ms. Sanjana Saha ... For the State.

1. We have heard the learned Counsel for the parties.

2. The learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated.

3. The learned Counsel for the State in opposing the prayer has referred to the statements of Rumi, Ismail, Amir in which all the witnesses have referred to Situ and two other persons. It is further submitted that Situ during custody has made statement on the basis of which a mobile of the deceased was recovered from the bedroom of the present petitioner and the seizure list prepared was duly signed by the mother of the present petitioner.

4. In view of the aforesaid circumstances, we are not inclined to grant anticipatory bail to the petitioner.

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

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.)