Calcutta High CourtCRM (A)/4794/2023dismissed as rejected

Jakir Hossein And ANR v. State Of West Bengal

2024-01-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

18.01.2024 Item No.49(D.L.) Ct.No.29 dc./srm Rejected C.R.M. (A) 4794 of 2023 In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Chanchal Police Station Case No. 412 of 2023 dated 10.04.2023 under Sections 447/323/325/307/34 of the Indian Penal Code.

And In Re :

Jakir Hossein & Anr. ... Petitioners. Mr. Sk Sahjahan Ali ... For the Petitioners.

Mr. Prasun Kumar Datta, Mr. Nirupam Dhali ... For the State.

Petitioners pray for anticipatory bail.

Petitioner no.2 was arrested and therefore, CRM(A) 4794 of 2023 is dismissed as infructuous so far as the petitioner no.2 is concerned.

Eyewitnesses place the petitioners at the place and time of occurrence of the murder.

In fact, eyewitnesses suggest that the petitioner no.1 played an active role in the incident.

In such circumstances, we are unable to grant anticipatory bail to the petitioner no.1.

CRM(A) 4794 of 2023 is dismissed.

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