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Calcutta High CourtCRM (A)/5387/2022dismissed as rejected

Abdul Gani Sk v. State Of West Bengal And ORS.

2022-11-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 5387 of 2022 24.11.2022 Sl.9 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khardah Police Station Case No.753 of 2022 dated 18/09/2022 under Sections 420/406/471/467/468 of the Indian Penal Code. G.R. No.8987/2022.

And In the matter of: Abdul Gani Sk.

....petitioner.

Mr. Tapan Datta Gupta Mr. Saurabh Guhathakurata Ms. Rituparna Ghosh Mr. Sourav Sardar ... for the petitioner.

Mr. Sudip Ghosh Mr. Bitasok Banerjee ... for the State.

Petitioner prays for anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was abducted and made to sign a document purporting to acknowledge that the petitioner accepted money in lieu of government job. The petitioner approached the Writ Court for registration of the First Information Report. Such writ petition was disposed of by directing the police to register the complaint as a First Information Report.

Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that going by the claim of the petitioner he was released from the socalled abduction on August 13, 2022. He did not lodge any complaint to any authority subsequent thereto till August 17, 2022. The police commenced preliminary enquiry on the basis of such complaint. The petitioner did not cooperate with the police. There are materials in the case diary implicating the petitioner with regard to extorting money from unsuspecting

members of the public on the promise of giving employment. No doubt, the complaint lodged by the petitioner will be investigated into in accordance with law.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 5387 of 2022 is dismissed.

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