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Calcutta High CourtCRM(A)/183/2025rejected

Md. Masum Akhtar @ Masum Aktar v. The State Of West Bengal

2025-04-07Hon'Ble Justice Arijit Banerjee2 pages

11.

07.04.2025 Court No.1 (Tanmoy) Rejected CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE CRM (A) 183 of 2025 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 / Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of: - Md Masum Akhtar @ Masum Aktar ...petitioner.

Mr. Hillol Saha Podder ...for the petitioner.

Mr. Aditi Shankar Chakraborty, APP Mr. Sourav Ganguly ...for the State.

1. The petitioner says that he has been falsely implicated as he is an ex-General Secretary of the Students' Union of the College concerned. The material in the case diary will not support the case sought to be made out against him. The firearm was not recovered from him. He prays for anticipatory bail.

2. Learned State Counsel shows me the statements of witnesses recorded under Section 161 of the Criminal Procedure Code, 1973 (Corresponding to Section 180 of Bharatiya Nagarik Suraksha Sanhita, 2023). The eyewitnesses say that the petitioner stormed into the room of the Teacher-in-Charge where a meeting was being held and threatened all persons with a gun. Then he left the place. The gun was recovered from

the room. Learned State Advocate also tells me that four criminal cases are pending against this petitioner including a case of robbery.

3. The allegation is serious. Investigation is in progress. Hence, I am not inclined to entertain the petitioner's prayer for anticipatory bail. The prayer for anticipatory bail is thus rejected.

4. Accordingly, the application for bail being CRM (A) 183 of 2025 is dismissed.

(Arijit Banerjee, J.)