Imam Sk v. State Of West Bengal

45.

04-08-2021 (ct. no.32) KOLE Disposed of (Via Video Conference) CRM 2168 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ranitala Police Station Case No. 465 of 2020 dated 06-10-2020 under Sections 341/325/326/307/34 of the Indian Penal Code.

- A n d - In the matter of : Imam Sk .... Petitioner.

Mr. R. Khatoon ... For the Petitioner.

Mr. Prasun Kr. Dutta, APP Mr. S. Roy, ... For the State.

The petitioner is one of the three accused persons. We are told that the other two accused persons have been enlarged on bail.

The charge is of inflicting grievous bodily harm. Sections 341/325/326/307/34 of the Indian Penal Code have been invoked.

We have seen the material in the case diary including the injury report and the statement of the victim. The injury is serious. The victim's statement recorded under Section 161 of the Code corroborates the injury report. Although charge sheet has been filed, given the nature and gravity of the offence that the petitioner has been charged with and the serious nature of the injury that has been inflicted on the victim, we are not inclined to allow the petitioner's prayer for anticipatory bail.

However, in the event the petitioner surrenders before the Learned Court below within a week from date, he will not be arrested for a period of one month from date. If he applies for regular bail before the appropriate court upon notice to the State, such application shall be decided in accordance with law without being influenced by any observation in this order.

CRM No. 2168 of 2021 is, thus, disposed of.

( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )