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Calcutta High CourtCRM/944/2019disposed

Rafikul Sekh And ORS v. State Of West Bengal

2020-01-24Hon'Ble Justice Arindam Sinha,Hon'Ble Justice Biswajit Basu2 pages

24.01.20 Sl. No.28 ns Ct. No.1 CALCUTTA HIGH COURT In the Circuit Bench at Jalpaiguri C. R. M. 944 of 2019 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 01.11.2019 in connection with Sahebganj Police Station Case No.338 of 2019 dated 06.07.2019 under Sections 143/186/353 of the Indian Penal Code read with Section 3 of P.D.P.P. Act.

And In Re: Rafikul Sekh & Ors.

... ... Applicants Mr. Narendra Nath Das ... ... for applicants Mr. Ujjal Luksom, Mr. Saikat Chatterjee ..... for State.

Mr. Das, learned advocate appears on behalf of applicants and submits, his clients be granted anticipatory bail in connection with Sahebganj Police Station Case no.338 of 2019 dated 06.07.2019 under sections 143/186/353 of Indian Penal Code read with section 3 of Prevention of Damage to Public Property Act, 1984. He submits, his clients are poor farmers having their respective residences. Mr. Chatterjee, learned advocate appears on behalf of State and submits, there was damage to public property being fence in the border. Accused persons fled the spot. On raid conducted against accused persons, they fled their respective residences in the locality, to evade arrest.

Considering the materials in the case diary corresponding to submissions made on behalf of State, we are not inclined to grant anticipatory bail.

(Arindam Sinha, J.) (Biswajit Basu, J.)