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Calcutta High CourtCRM/6851/2020rejected

Bulu Sekh Alias Bulu Sk v. State Of West Bengal

2020-09-28Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Kausik Chanda2 pages

28.09.2020 SL No.25 AP CRM 6851 of 2020 With IA No: CRAN 1 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Paikar P.S. Case No.148 of 2020 dated 26.06.2020 under Sections 3/4 of the Explosive Substance Act.

And In the matter of: Bulu Sekh @ Bulu Sk ....Petitioner.

Mr. Asok Banerjee, Mr. Prosenjit Mukherjee, Ms. Madhurima Sarkar ...for the Petitioner.

Mr. Sanjoy Bardhan, Mr. C.R. Ghosh ...for the State.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being IA No: CRAN 1 of 2020 is disposed of.

It is submitted on behalf of the petitioner that the alleged recovery was from an abandoned house and there was no independent witness to the seizure.

Learned lawyer for the State opposes the prayer for anticipatory bail and produces the case diary.

Having considered the materials on record including the seizure list which discloses recovery from the residential house of the petitioner and as custodial interrogation of the petitioner may lead to further recoveries, we are not inclined to grant anticipatory bail to the petitioner.

The application for anticipatory bail is, thus, rejected. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Kausik Chanda, J.) (Joymalya Bagchi, J.)