Alam Sekh And ORS v. State Of West Bengal

26.02.2024 Ct. No. 29 S.D.

REJECTED C.R.M.(A) 626 of 2024 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kalna Police Station Case No. 110 of 2024 dated 31.01.2024 under Section 341/323/354/307/506/34 of the Indian Penal Code.

And In Re : Alam Sekh & Ors.

...... petitioners Ms. Oindrila Ghosh ...for the petitioners Ms. Eshita Dutta ...for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that wife filed five proceedings before the Jurisdictional Court. Thereafter, wife applied before the High Court for transfer of such proceedings. When the petitioners went to the Court premises, they were assaulted. A free fight took place. Petitioners also lodged a counter police complaint with regard to the incident of assault. Petitioners also received injuries. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. There are two injury reports. Injury reports do not classify any of the injuries as grievous hurt. There are statement recorded under Section 161 of the Cr.P.C. of eyewitnesses who claimed that the petitioners were involved in assaulting two injured persons within the Court premises.

Apparently, the incident of assault took place within the Court premises. Although the injuries sustained are not grievous hurt in nature, nonetheless, taking into consideration the fact that the incident of assault occurred within the Court premises and the petitioners participated therein, we are unable to grant anticipatory bail to the petitioners and the prayer for anticipatory bail is rejected.

The application being CRM (A) 626 of 2024 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)