Nasim Ahmed @ Munna v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 28.09.2021 Court No.01 Item No.29 Avijit Mitra CRM 922 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re: Nasim Ahmed @ Munna

...Petitioner

Mr. Arijit Ghosh ...For the Petitioner Mr. Abhijit Sarkar, Mr. Ujjwal Luksom, Mr. Aniruddha Biswas ...For the State Apprehending arrest in connection with Mal Police Station Case No.404 of dated 07.11.2020 under sections 379/411/413 of the Indian Penal Code, the present application has been preferred.

Mr. Sengupta, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. No overt act has been attributed to the petitioner and upon completion of investigation chargesheet has also been submitted and as such, custodial interrogation is not warranted.

Mr. Luksom, learned advocate appearing for the State opposes the petitioner's prayer and submits that there are incriminating materials on record against the petitioner. He is absconding and the charge sheet has been submitted showing him absconding.

It appears that the charge sheet was submitted on 22nd December, 2020 and the present application has been preferred on 6th September, 2021. Considering the nature of accusations, the petitioner's conduct and the extent of his complicity in the alleged offence, we are not inclined to exercise any discretion in his favour. Accordingly, the application for anticipatory bail being C.R.M. No.922 of 2021 is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Abhijit Gangopadhyay, J.) (Tapabrata Chakraborty, J.)