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Calcutta High CourtCRM/6962/2020rejected

Askan Sk @ Askan Shekh @ Md Achkan Sk v. State Of West Bengal

2020-09-23Hon'Ble Justice Samapti Chatterjee,Hon'Ble Justice Tirthankar Ghosh2 pages

23.09.2020 Sl. No.42 Court No.11 BM CRM 6962 of 2020 With CRAN 1 of 2020 (Via Video Conference) In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Jalangi Police Station Case No.790 of 2019 dated 20.11.2019 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Askan Sk @ Askan Shekh @ Md. Achkan Sk. & Anr.

...

Petitioners Mr. Somnath Adhikary ... for the petitioner Mr. Tanmay Kumar Ghosh Ms. Sima Biswas ... for the State The learned advocate for the State at the inception points out that the petitioner Askan Sk @ Askan Shekh @ Md. Achkan Sk. has already been arrested on 14th September, 2020. As such the application in respect of Askan Sk @ Askan Shekh @ Md. Achkan Sk., petitioner no.1 has become infructuous. So far as second petitioner Mithun Mondal @ Mitul Sk. is concerned, the learned advocate for the petitioners submit that he is innocent and has been falsely implicated on the allegation of the co-accused. Mr. Tanmay Kumar Ghosh, learned advocate for the State draws the attention of the Court to the nature of the allegation and the activities carried out by this petitioner which has been revealed in process of investigation.

We have taken into account the nature of allegations and the role of the present petitioner in the alleged offence and on consideration of the same, we are of the opinion that this is not a fit case for anticipatory bail.

Accordingly, prayer for anticipatory bail is rejected. (Samapti Chatterjee, J. ) (Tirthankar Ghosh, J.)