Rafikul Miah @ Rafikul Islam @ Bocha v. The State Of West Bengal

01-04-2025 (ct. no.01) KOLE In the High Court At Calcutta Jalpaiguri Circuit Bench CRM (A) 133 of 2025 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure/Section 482 of the BNSS in connection with Kotwali Police Station Case No. 541 of 2024 dated 05.06.2024 under Sections 341/324/326/307/34 of the Indian Penal Code and Sections 25/27 of the Arms Act.

- A n d - In the matter of : Rafikul Miah @ Rafikul Ishlam @ Islam @ Bocha .... Petitioner.

Mr. Dibyajyoti Bhowmik, ... For the Petitioner.

Mr. Niloy Chakraborty, Mr. Kollol Acharjee, Mr. Tapan Bhattacharjee, ... For the State.

1.

The petitioner says that he has been falsely implicated in this case. The incident was a fall out of political rivalry and happened on the day after the election results were declared. He had no intention of causing bodily harm to anybody. He prays for anticipatory bail.

2.

Learned State Advocate while opposing the prayer, has drawn my attention to statements of witnesses recorded under Section 161 of the Code of Criminal Procedure. They all implicated this petitioner as the prime assailant, who opened fire thereby causing gunshot injury to the victim.

3.

I have also seen the medical report. The injury appears to have been grievous in nature.

4.

Considering the nature and gravity of the alleged offence and the prima facie involvement of the petitioner therein, I am not inclined to entertain the prayer for anticipatory bail. 5.

CRM (A) 133 of 2025 is, thus, dismissed.

6.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Arijit Banerjee, J. )