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Calcutta High CourtCRM (A)/5526/2023dismissed as rejected

Arif Sohel Mollah v. The State Of West Bengal And ANR.

2024-02-05Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

C.R.M. (A) 5526 of 2023 05.02.2024 ML-449 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nowda Police Station Case No.211 of 2023 dated 08.07.2023 under Sections 302/34 of the Indian Penal Code, 1860 and under Sections 3/4 of E.S. Act. (S.L. No.211 of 2023 arising out of G.R. Case No.2978 of 2023 (S.R. No.275/2023)). And In the matter of: Arif Sohel Mollah ....petitioner.

Mr. Sabir Ahammed Mr. Asraf Mandal ... for the petitioner.

Ms. Faria Hossain Ms. Sonali Bhar ...for the State.

Mr. Pratip Kumar Chatterjee ... for the de facto complainant.

Petitioner, State and the de facto complainant are represented.

Police are investigating a complaint of murder. Eye-witnesses placed the petitioner at the place and time of occurrence. They ascribed active role to the petitioner. 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) 5526 of 2023 is dismissed.

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