Tohidul Islam @ Md. Tahidul Islam And ANR. v. The State Of West Bengal

CRM(A) 1014 of 2024 20.01.2025 In re: An application under Section 438 of the Code of Criminal Procedure, 1973/ Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of: Tohidul Islam @ Md. Tahidul Islam & Anr. ...petitioners (Bench ID 1472) (JPD 57) (S. Banerjee) (Rejected) Mr. Debasish Mukhopadhyay Ms. Srishti Sarkar Ms. Madhusri Dutta ... for the petitioners Mr. Abhijit Sarkar Ms. Sukanya Adhikary ... for the State Petitioners contend that the de facto complainant had taken loan from a finance company. She failed to repay the loan and to screen herself she has falsely implicated the petitioners. There is a delay in lodging FIR. They pray for anticipatory bail.

Learned lawyer for the State submits that the petitioners have criminal antecedents and have indulged in similar offences.

We have considered the materials on record.

Petitioners had procured the credentials of the de facto complainant and obtained loan in their name. Thereafter, they misappropriated the money. On such score, the present case is registered. Petitioners have also committed similar offences resulting in another case.

In such view of the matter, we are of the opinion that the petitioners are involved in organized criminal activities and their custodial interrogation is necessary for recovery of money.

Hence, we are not inclined to grant anticipatory bail to the petitioners.

The application for anticipatory bail stands rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)