Calcutta High CourtCRM(A)/373/2025dismissed

Abhinash@Avinash Thpa And ANR v. The State Of West Bengal

2025-06-17Hon'Ble Justice Tirthankar Ghosh2 pages

17.06.2025

IN THE HIGH COURT AT CALCUTTA

Item No.35 CIRCUIT BENCH AT JALPAIGURI Ct.No.2 dc.

Rejected C.R.M. (A) 373 of 2025 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Pradhan Nagar Police Station Case No. 176 of 2025 dated 12.03.2025 under Sections 137(2)/140(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In Re :

Abhinash @ Avinash Thapa and another ... Petitioners.

Mr. Subham Ghosh, Mr. Mayank Roy ... For the Petitioners.

Mr. Saikat Chatterjee, Mr. Chattu Roy ... For the State.

Learned advocate appearing for the petitioners claims that there has been a business rivalry pursuant to which the petitioners have been falsely implicated in connection with the instant case and the materials so collected by the investigating agency would reflect that it was the petitioner no.2 who has handed over the victim at the police station. Learned advocate for the petitioners emphasizes that other accused persons who were arrested have been released on bail and there has been specific observation made by the learned sessions court while granting bail, relating to materials appearing in the case diary.

Learned advocate appearing for the State opposes the prayer for anticipatory bail and has handed over the case

diary. It reflects that the petitioner no.2 engaged the other persons for the alleged offences being committed and it has been seen that the petitioner no.1 was present at the hotel when the victim was confined. Records further reflect that for 48 hours, the victim was confined. Having regard to the gravity of the offence, I am not inclined to grant the benefit of anticipatory bail to both the petitioners. As such, the prayer for anticipatory bail of the petitioners is rejected. The application for anticipatory bail, being CRM(A) 373 of 2025, is, thus, dismissed.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)