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2025 DAILYLAW 51412 (CAL)

MD.SALMAN AND ORS v. THE STATE OF WEST BENGAL

CRM(A)/29/2025 · 2025-01-22

Gaurang Kanth, Joymalya Bagchi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT AT CALCUTTA Circuit Bench At Jalpaiguri 22.01.2025. Sl. No.16. Ct. No. 1 SG (Rejected) C. R. M. (A) 29 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Matigara Police Station Case No. 21/2025 dated 10.01.2025 under Sections 111(2)(b)/308(2)/324(2)/329(3)/351(2)/3(5) of BNS. And In Re: MD. Salman and Ors. …… Petitioners Mr. Rakesh Kr. Sharma, Mr. Janardan Periwal. ……for the petitioners Mr. Abhijit Sarkar, Ms. Sukanya Adhikary. …...for the State Mr. Sayan De, Ms. Esha Acharya, Mr. R. Chakraborty, ….for the de facto complainant 1. Petitioners contend there is a land dispute and they have been falsely implicated in a series of cases. They also contended investigation is being conducted in a biased manner. Accordingly, they pray for anticipatory bail. 2. Learned Advocate for the State opposes the prayer for anticipatory bail. It is contended petitioners have criminal antecedents. They are members of a gang of land grabbers who extort money from land owners under the threat of forcible occupation of their lands. 3. We have considered the materials on record. De facto complainant is a land owner. He alleged petitioners had 2 encroached on his land and broken the boundary wall. They demanded five lakhs failing which they would take over the land forcibly. The aforesaid allegations prima facie disclose involvement of the petitioners as extortionists and land grabbers. Similar criminal cases are pending against them. Taking note of their criminal activities interim bail granted to the petitioners in another case has been cancelled. 4. In light of the aforesaid circumstances, we are of the opinion custodial interrogation of the petitioners is necessary and this is not a fit case to grant anticipatory bail. 5. Application for anticipatory bail is, thus, rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)