Alif Noor Gazi v. State Of West Bengal

16.11.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 5225 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Baduria Police Station Case No. 670 of 2022 dated 01.10.2022 under Sections 302/34 of the Indian Penal Code, 1860. And In Re : Alif Noor Gazi ...... petitioner Mr. Kallol Kumar Basu Ms. Tithi Majumder ....for the petitioner Mr. Saibal Bapuli Mr. Arijit Ganguly Mr. Arani Bhattacharya ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, a proceeding under Section 156(3) of the Code of Criminal Procedure (Cr.P.C.) was initiated four months after the date of death of the victim. According to him, the victim committed suicide. The petitioner was falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the materials in the case dairy including the 164 and 161 Cr.P.C. statements. He submits that, there are eye witnesses claiming that the petitioner was last seen with the victim. In fact, the petitioner was seen to enter into a room with the victim from where dead body of the victim was recovered.

The post mortem report of the victim suggests that the victim died due to poisoning.

In view of the materials available in the case diary, we are unable to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 5225 of 2022 is dismissed.

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