Jamil Alias Jamil Ali And ORS. v. State Of West Bengal

15/05/2025 D/L 13 Ct. No.28 S.Kundu C.R.M.(A) 1464 of 2025 Rejected In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure. In connection with Chanchal police station case no. 1372 of dated 3.12.2024 punishable under Sections 329(4)/115(2)/74/117(2)/118(1) and 109/3(5) of the BNS. In the matter of: Jamil @ Jamil Ali & Ors.

... Petitioners Mr. S. Chatterjee Mr. P. Kr. Das ...for the petitioner.

Ms. Baisali Basu Mr. S. Basu Roy Chowdhuri ...for the State.

1. Supplementary affidavit filed on behalf of the petitioners is taken on record. Copy of the same is handed over to the learned counsel for the State.

2. Learned counsel appearing for the petitioners submits as follows. A fight took place between two parties over their ancestral property. Both sides received injuries. There are case and counter case. The principal accused is on bail. Some other accused were granted bail upon surrender.

3. Learned counsel appearing for the State strongly opposes the prayer for anticipatory bail. She relies on the injury reports of four injured victims and statements of witnesses. There are fracture injuries and other grievous injuries inflicted.

4. In view of the serious nature of allegations and the incriminating materials available in the case diary including the injury report and the statements of the witnesses, I do not find that this is a fit case for granting anticipatory bail.

5. Accordingly, the application for anticipatory bail is rejected.

6. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)