Masum Sk v. State Of West Bengal

17.01.2024 Item No.9 Ct. No. 29 CHC Rejected C.R.M.(A) 117 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 74/2023 dated 13.01.2023 under Sections 341/328/307/354B/34 of the Indian Penal Code.

And In the matter of : Masum Sk.

...... petitioner Mr. Arup Kumar Bhowmick ....for the petitioner Mr. Aniket Mitra ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, other co-accused were granted anticipatory bail by the jurisdictional Court.

Learned advocate appearing for the State draws the attention of the Court to the materials in the Case Diary. The victim recorded a statement under Section 161 of the Criminal Procedure Code where she speaks that the petitioner before us poured poison in her mouth as also outraged her modesty. Other co-accused were however not ascribed the role of pouring the poison in her month. They were involved in the incident.

In such circumstances, considering the gravity of the offence and involvement of the petitioner therein we are unable to grant anticipatory bail to the petitioner. This application for anticipatory bail is, thus, rejected. CRM(A) 117 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)