Rajesh Ali v. The State Of West Bengal

21.04.2025 Sl. No.25 Ct. 28 NB C.R.M. (A) 1097 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chanchal P.S. Case No.521 of 2024 dated 25.05.2024 under Sections 341/186/353/333/308 of the Indian Penal Code. And In the matter of : Rajesh Ali ... petitioner Mr. Omar Faruk Gazi, Ms. Susmita Das, Ms. Ayasha Najrin, Md. Mushehuddin.

...for the petitioner.

Mr. Koushik Biswas, Ms. Oiksha Ghosh.

...for the State.

Learned counsel appearing on behalf of the petitioner submits that the alleged injuries inflicted on the police officer does not warrant addition of charge of Section 308 in the array of charges. The petitioner is absolutely innocent. The police officer had actually fallen on the ground and suffered some injuries. Learned counsel appearing on behalf of the State relies on the case diary and submits as follows. Pursuant to issuance of warrant of arrest, the police officer went to execute the same upon the petitioner. But, he was mercilessly assaulted. He suffered cut injuries on nasal bridge and a stitch had to be given. Considering the materials available in the case diary against the present petitioner, I am not inclined to grant anticipatory bail.

The application for anticipatory bail being CRM(A) 1097 of 2025 is, thus, rejected.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)