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Calcutta High CourtCRM (A)/1559/2022dismissed

Nobibor Mallick v. State Of West Bengal

2022-04-06Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

06.04.2022 Ct. No 29 KAUSHIK (REJECTED) C.R.M. (A) 1559 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Haripal Police Station Case No. 131 of 2021 dated 06.06.2021 under Sections 341/326/504 of the Indian Penal Code. And In Re : Nobibor Mallick ..... petitioner Mr. Prabir Adhya Mr. Avijit Mukherjee ... for the petitioner Mr. Binoy Kumar Panda Mr. Subham Bhakat ... for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the statement of the wife of the petitioner recorded under Section 161 of the Code of Criminal Procedure (Cr.P.C.) and to the injury reports. It appears that, the petitioner rushed out from his house with a 'sword' in his hand and assaulted the victim. The medical evidence corroborates the 161 Cr.P.C. statement of the wife of the petitioner.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 1559 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)