Ramiz Gharami And ORS v. State Of West Bengal
C.R.M. (A) 752 of 2023 22.02.2023 Sl.14 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kalitala Ashuti Police Station Case No.31 of 2023 dated 12.02.2023 under Sections 341/326/307/34 of the Indian Penal Code, 1860.
And In the matter of: Ramiz Gharami & Ors.
....petitioners.
Mr. Shibaji Kumar Das Ms. Rupsa Sreemani ...for the petitioners.
Mr. Imran Ali Ms. Debjani Sahu ...for the State.
Mr. Gouranga Das Mr. Indubhusan Das ... for the de facto complainant.
Petitioners pray for anticipatory bail.
Learned Advocate appearing for the petitioners submits that a free fight took place with regard to construction work. 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 one of the injured as well as two statements of eye-witnesses recorded under Section 161 of the Code of Criminal Procedure.
Learned Advocate appearing for the de facto complainant refers to the injury reports of the injured.
One injured received a fracture injury.
There are statements recorded under Section 161 of the Code of Criminal Procedure implicating the petitioners in the incident of assault.
In such circumstances, considering the gravity of the offence
and the involvement of the petitioners in the incident, we are unable to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.
C.R.M. (A) 752 of 2023 is dismissed.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)