Calcutta High CourtCRM (A)/564/2024dismissed as rejected

Abraj Haque Molla @ Gora Molla And ANR. v. State Of West Bengal

2024-02-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

21.02.2024 Item No.8 Ct. No. 29 CHC Rejected C.R.M.(A) 564 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Panchla Police Station Case No. 389 of 2023 dated 18.11.2023 under Sections 448/323/325/195A/307/354B/427/379/34 of the Indian Penal Code and Sections 25/27 of the Arms Act. And In the matter of : Abraj Haque Molla @ Gora Molla & anr. ...... petitioners Mr. Sunny Nandy, Ms. Riya Das ....for the petitioners Mrs. Zareen N. Khan, Ms. Sujata Das ....for the State Mr. Soumya Basu Roy Chowdhuri ....for the de facto complainant Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, petitioners were falsely implicated.

State and the de facto complainant are represented. Learned advocate appearing for the State draws the attention of the Court to the injury report of two injured persons as well as other materials in the Case Dairy.

Learned advocate appearing for the de facto complainant submits that, in the earlier police complaint relating to an incident of assault, involving the petitioners, they were enlarged on anticipatory bail on November 9, 2023. Thereafter, on November 16, 2023 they entered the house of the de facto complainant and assaulted them.

We perused the materials in the Case Diary.

There are two injury reports of two injured persons. Both the injured suffered multiple bruises. In fact, one injured suffered grave one cut injury on scalp. Apparently, sharp cutting weapons were used in the incident of assault. Both the injured implicate both the petitioners before us in such incident of assault.

Considering the previous incident of assault involving the petitioners and considering the materials in the Case Diary implicating the petitioners, we are unable to grant anticipatory bail to the petitioners.

This application for anticipatory bail is, thus, rejected. CRM(A) 564 of 2024 is disposed of.

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