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Calcutta High CourtCRM(A)/908/2024rejected

Mukul Rahaman @ Mukul Miya And ORS v. The State Of West Bengal

2024-11-25Hon'Ble Justice Shampa Sarkar,Hon'Ble Justice Partha Sarathi Chatterjee1 pages

25.11.2024 SL No.140 srm/Mujahid (Rejected) Calcutta High Court In The Circuit Bench at Jalpaiguri C.R.M. (A) 908 of 2024 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973/Section 482 of the B.N.S.S. 2023 filed on 07.11.2024 in connection with Nekhliganj P.S. Case No. 193/2024 dated 23.05.2024 under Sections 147/148/149/447/186/188/341/332/353/307/ 506 of the Indian Penal Code And In the matter of: Mukul Rahaman @ Mukul Miya and ors. ....Petitioners Mr. Biswarup Roy ...for the Petitioners Mr. Tapan Bhattacharjee, Mr. Dhiman Sil ...for the State Petitioners pray for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of B.N.S.S.

According to the petitioners, BSF personnel were responsible for firing and the injury report would indicate that the allegation against the petitioner of having assaulted the BSF personnel is false. Hence the prayer is made for grant of relief as per the above section.

Considering the case diary, materials on record, the injury report and the contents of the FIR as also the seizure list, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail is rejected. (Partha Sarathi Chatterjee, J.) (Shampa Sarkar, J.)