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Calcutta High CourtCRM (A)/5533/2022dismissed as rejected

Asraful Haque @ Sk. v. State Of West Bengal

2022-11-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

29.11.2022 Serial no.38 Aloke CRM (A) 5533 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 179 of 2019 dated 25.03.2019 under Sections 379/411/413/414/34 of the Indian Penal Code.

-AndIn the matter of : Asraful Haque @ Sk.

... ... Petitioner Mr. Kazi Mokhlasur Rhaman, Advocate ... ... For the Petitioner Mr.Sudip Ghosh, Advocate Mr. Bitasok Banerjee, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned Advocate appearing for the State submits that the police case is of March 25, 2019. The petitioner is involved in a racket of stealing motorcycles. Two motorcycles were initially recovered on the leading statement of the persons arrested. The third motorcycle was recovered from the back of the house of the petitioner.

There are materials in the case diary implicating the petitioner. The stolen motorcycle was recovered from the back of the house of the petitioner. The petitioner is absconding from March 25, 2019.

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

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 5533 of 2022 is dismissed.

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