Mostafijur Rahaman @ Mustak Ali And ANR v. State Of West Bengal

31.01.2023 Serial no. 13 [Dd] (Anticipatory bail) (Rejected) CRM (A) 368 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Malda Police Station Case No. 346 of 2022 dated 10.08.2022 under Sections 448/354B/326/307/506/34 of the Indian Penal Code and under Sections 25 and 27 of Arms Act. (G.R. case no. 4945 of 2022) -AndIn the matter of : Mostafijur Rahaman @ Mustak Ali & Anr. ... ...Petitioners Mr. Bikash Ranjan Bhattacharya, ld. Sr. adv.

Mr. Khairul Alam, Advocates ... ... For the Petitioners Mr. Ashok Das, Mr. Asif Dewan, Advocates ... ...For the State Petitioners pray for anticipatory bail.

Learned senior advocate appearing for the petitioners submits that the petitioners were falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the materials in the case dairy. He refers to the statement recorded under Section 161 of the Criminal Procedure Code of an eye-witness.

The eye-witness who recorded statement under Section 161 of the Criminal Procedure Code implicates both the petitioners in the assault.

Both the petitioners stand on the same footing as that of Rumel Hasan whose prayer for anticipatory bail was rejected on January 10, 2023 passed in CRM (A) 70 of 2023.

Considering the gravity of the offence and the involvement of the petitioners therein, we are unable to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 368 of 2023 is dismissed.

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