Munsi Badruddoja @ Munshi Badruddaja @ Munshi Badrauddaja @ Munshi Badruddja v. State Of West Bengal
12.03.2024 Item No.14 Ct. No. 29 CHC Rejected C.R.M.(A) 873 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tarakeswar Police Station Case No. 458 of 2023 dated 26.11.2023 under Sections 341/326/307/427/506/34 of the Indian Penal Code. And In the matter of : Munsi Badruddoja @ Munshi Badruddaja @ Munshi Badrauddaja @ Munshi Badruddja ...... petitioner Mr. Navanil De, Ms. Monami Mukherjee ....for the petitioner Mr. Debabrata Chatterjee ....for the State Police filed charge-sheet.
Learned advocate appearing for the petitioner submits that, petitioner was at his son's marriage at the material point of time.
Victim suffered simple incised wound and lacerated injuries administered by sharp cutting weapons. Victim recorded his statement under Section 164 of the Criminal Procedure Code implicating the petitioner before us in using a sharp cutting weapon to administer such wounds on him. Wounds suffered by the victim and statement recorded under Section 164 of the Criminal Procedure Code corroborate each other. Eyewitnesses recording statements under Section 161 of Signed By :
CHINMOY CHAKRABORTY High Court of Calcutta 12 th of March 2024 05:49:15 PM
the Criminal Procedure Code also place the petitioner at the time and place of occurrence and ascribe specific role to the petitioner in assaulting the victim.
Considering the gravity of the offence and the involvement of the petitioner therein, notwithstanding the fact that, police filed charge-sheet, we are unable to grant anticipatory bail to the petitioner.
This application for anticipatory bail is, thus, rejected. CRM(A) 873 of 2024 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)