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Calcutta High CourtCRM (A)/5903/2022dismissed as rejected

Samiul Sk @ Md Samiul v. State Of West Bengal

2022-12-20Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 5903 of 2022 20.12.2022 Sl.30 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No.311 of 2021 dated 15.03.2021 under Sections 147/148/149/188/186/326/307/332/333/353/363/379/1 20B of the Indian Penal Code, 1860 read with Section 9 of the Maintenance of Public Order Act, corresponding to GR Case No.1327/21.

And In the matter of: Samiul Sk. @ Md. Samiul ....petitioner.

Mr. Sekhar Kumar Basu, Ld. Sr. Advocate Mr. Debangan Bhattacharjee Ms. Swarnali Saha ...for the petitioner.

Mr. Swapan Banerjee Ms. Purnima Ghosh ...for the State.

Petitioner prays for anticipatory bail.

Apparently, proclamation was issued as against the petitioner.

Prayer for anticipatory bail of other co-accuseds were rejected by the order dated December 14, 2021 passed in CRM 3977 of 2021 and November 21, 2022 passed in CRM (A) 5321 of 2022. There is a statement recorded under Section 164 of the Code of Criminal Procedure implicating the petitioner in the incident of assault.

Injury received by the police personnel are corroborated by the medical evidence in the case diary.

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) 5903 of 2022 is dismissed.

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