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2025 DAILYLAW 5182 (CAL)

ALAMGIR KHAN @ ALAM KHAN v. THE STATE OF WEST BENGAL

CRM (A)/113/2025 · 2025-01-13

Gaurang Kanth, Joymalya Bagchi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

13.01.2025 Sl. No.26 akd [Rejected] C. R. M. (A) 113 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 08.01.2025 in connection with Arambagh Police Station Case No.698 of 2024 dated 05.12.2024 under Sections 318(4)/316(2)/352(2) of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.2410 of 2024) And In Re: Alamgir Khan @ Alam Khan … … Petitioner Mr. Niladri Sekhar Ghosh Ms. Sompurna Chatterjee Mr. Sourov Mondal Ms. Labani Sikder Mr.Souvik Dey … … for the petitioner Ms. Shaila Afrin Mr. Akash Ganguly … … for the State 1. It is submitted on behalf of the petitioner that he is an employee of the de-facto complainant. Allegation that he has secreted the vehicle is false. The criminal case was registered to shield the de-facto complainant from his liability to pay instalments to the finance company. Accordingly, he prays for anticipatory bail. 2. Learned Advocate for the State opposes the prayer for anticipatory bail and submits petitioner used fake documents to obtain employment. 3. We have considered the materials on record. Petitioner was employed as a driver of the vehicle. Vehicle had been purchased under a Hire Purchase agreement. Petitioner had secreted the vehicle which is hypothecated to the finance company. Under such circumstances, we are of the opinion custodial interrogation of the petitioner for recovery of 2 the vehicle is necessary and this is not a fit case to grant anticipatory bail to him. 4. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)