Calcutta High CourtCRM (A)/5016/2023dismissed as rejected

Abdul Malek Shah And ANR. v. State Of West Bengal

2024-01-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

C.R.M. (A) 5016 of 2023 24.01.2024 DL-46 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No.421 of 2023 dated 03.09.2023 under Sections 363/365/34 of the Indian Penal Code, 1860. (G.R. Case No.960 of 2023).

And In the matter of: Abdul Malek Shah & Anr.

....petitioners.

Ms. Jeenia Rudra ... for the petitioners.

Mr. Bidyut Kumar Roy Ms. Sima Biswas ...for the State.

Victim recorded statement under Section 164 of the Code of Criminal Procedure where, he implicates 6 to 7 persons in an incident of kidnapping without naming them.

Names of the petitioners transpire from the statement recorded under Section 161 of the Code of Criminal Procedure. Considering the gravity of the offence and the involvement of the petitioners in the incident, we are unable to grant anticipatory bail to the petitioners.

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

C.R.M. (A) 5016 of 2023 is dismissed.

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