Calcutta High Court (Appellete Side)
25/27/35 Of The Arms Act vs In Re: Md. Alam & Ors on 23 December, 2019
1 23.12.19
Sl. No.40 akd [Rejected] C. R. M. 12033 of 2019 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 17.12.2019 in connection with Islampur Police Station Case No. 968 of 2013 dated 18.08.2013 under Sections 147/148/149/333/325/427/186/353/307 of the Indian Penal Code read with Section 9B of the Indian Explosives Act and Sections 25/27/35 of the Arms Act.
And In Re: Md. Alam & Ors.
... ... Petitioners Mr. Kaushik Choudhury .. Advocate Ms. Banita Rani Bag .. Advocate ... ... for the petitioners Mr. Swapan Banerjee .. Advocate Mr. Suman De .. Advocate ... ... for the State Heard the learned advocate appearing for both the parties. It is submitted on behalf of the petitioners that they have been falsely implicated in the instant case.
Learned advocate appearing for the State opposes the prayer for anticipatory bail and submits that the petitioners had fired at police personnel resulting in injuries. He further submits that the petitioners had absconded for three years.
Having considered the materials on record disclosing prima facie involvement of the petitioners in obstructing police personnel in discharge of their official duties by firing at them resulting in injuries and as they had absconded for three years, we are of the opinion that in view of the gravity of the offence this is not a fit case to grant anticipatory bail to the petitioners.
2
Accordingly, the prayer for anticipatory bail of the petitioners stands rejected. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)