Umar Faruk Byapari@Omor Faruk Bapari And ORS v. The State Of West Bengal

23.09.2024 Ct. No. 29 S.D.

REJECTED C.R.M.(A) 650 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sahebganj Police Station Case No. 401 of dated 10.07.2024 under Sections 126(2)/324(4)/117(2)/109/118(1)/303(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and read with Section 25(1A)/27 of the Arms Act. And In Re : Umar Faruk Byapari @ Omor Faruk Bapari & Ors. ...... petitioners Mr. Sudip Guha ...for the petitioners Mr. Abhijit Sarkar Mr. S. Das .... for the State Dr. Arjun Chowdhury Mr. Koushik Kumar Kanu ...for the defacto complainant Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that due to political rivalry, the petitioners were falsely implicated.

State and the defacto complainant are represented. Learned advocate appearing for the defacto complainant refers to the injury report of the injured and the statements of the eye-witness recorded under Section 180 of the B.N.S., 2023.

Learned advocate appearing for the defacto complainant draws the attention of the Court to the photographs of the vehicle in which the injured were travelling when they were assaulted. The vehicle was vandalized and a sum in excess of Rs.2 lakh taken away.

Injured recorded a statement implicating the petitioners before us in the act of physical assault, vandalizing the vehicle in which they were travelling and snatching of the money. Injury report corroborates the version of the injured. Eyewitnesses corroborate the version of the injured. Considering the gravity of the offence and the involvement of the petitioners in the incident, we are unable to grant anticipatory bail to the petitioners and the prayer for anticipatory bail is rejected.

The application being CRM (A) 650 of 2024 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)