Rabbani Ashik And ANR v. State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 27.09.2021 Court No.01 Item No.39 Avijit Mitra CRM 947 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re: Rabbani Ashik & anr.

...Petitioners

Mr. Ayan Bhattacharya, Mr. Sayantan Sinha ...For the Petitioners Mr. Abhijit Sarkar, Mr. Aniruddha Biswas ...For the State Apprehending arrest in connection with Kotwali Police Station Case No.216 of 2021 dated 06.04.2021 under sections 420/406 of the Indian Penal Code, the present application has been preferred. Mr. Bhattacharya, learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated. In the initial complaint, the name of one Rejaul Ashik featured. However, in the application under Section 156 (3) of the Code, Rejaul Ashik and Rabbani Ashik were included. In view thereof, the possibility of exaggeration of the allegations cannot be ruled out. The other co-accused persons have already been granted anticipatory bail by the learned Court below and there is also no possibility that the petitioners herein would flee from justice. In the said conspectus, custodial interrogation of the petitioners is not warranted.

The learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to several documents in

the case diary including the statement of witnesses, as recorded under Section 161 of the Code. He further submits that investigation is in progress and as such custodial interrogation of the petitioners is necessary.

We have heard the learned advocates appearing for the respective parties and considered the materials in the case diary. Considering the gravity of the offence, its ramifications and as investigation is still in progress, we are not inclined to exercise any discretion in favour of the petitioners and as such, their prayer for anticipatory bail is refused.

Accordingly, the application for anticipatory bail being C.R.M. No.947 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.)