Calcutta High CourtCRM (A)/1174/2024dismissed as rejected

Md Jakir Ali Molla And ORS v. State Of West Bengal

2024-04-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1174 of 2024 18.4.2024 DL-25 Court No.29 SD/Srimanta) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhangore Police Station Case No.104 of 2021 dated 28.02.2021 under Sections 143/147/148/149/325/326/307 of the Indian Penal Code.

And In the matter of: Md. Jakir Ali Molla & Ors.

....petitioners.

Mr. Firdous Samim Mr. Aniruddha Bhattacharya Ms. Gopa Biswas Ms. Payel Shome Ms. Sampriti Saha Mr. Avijit Kar ...for the petitioners.

Mr. Prasun Kumar Dutta Ms. Sima Biswas ... for the State.

Petitioners renew the prayer for anticipatory bail. Learned counsel appearing for the petitioners submits that, subsequent to the earlier order of rejection dated March 1, 2022 passed in CRM (A) 390 of 2022, police filed charge sheet dropping provision of Sections 3/4 of the Explosive Substance Act. He submits that filing of charge sheet and that too without the provision of Explosive Substance Act being dropped therefrom, are change in circumstances which entitles the petitioners to renew the prayer for anticipatory bail.

State is represented.

The coordinate Bench, rejected the prayer for anticipatory bail on March 1, 2022 passed in CRM (A) 390 of 2022, considered not only the sections of the Explosive Substance Act, under which the police were investigating, but also took into consideration the medical documents and the complicity of the petitioners in the offence.

Signed By :

SRIMANTA MAJI High Court of Calcutta 18 th of April 2024 05:18:06 PM

Persons suffered injuries in an incident of assault. The coordinate Bench obviously took such facts into consideration while rejecting the prayer for anticipatory bail. Subsequent thereto, charge sheet was filed by the police. In the charge sheet, the provisions of the Explosive Substance Act were dropped.

Charge sheet was submitted by the police in December 2002. The police case is dated February 8, 2021.

There is an issue of long absconsion of the petitioners. Under such circumstances, we are not minded to grant anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

C.R.M. (A) 1174 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

SRIMANTA MAJI High Court of Calcutta 18 th of April 2024 05:18:06 PM