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Calcutta High CourtCRM (A)/1752/2023dismissed as rejected

Rafik Sk. @ Rofik Sk. v. State Of West Bengal

2023-04-25Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Rai Chattopadhyay2 pages

25.04.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 1752 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Beldanga Police Station Case No. 403 of 2022 dated 13.07.2022 under Sections 506/325/326/307/34 of the Indian Penal Code and Sections 3/ 4 of the E. S. Act. And In Re : Rafik Sk. @ Rofik Sk.

...... petitioner Mr. Jishan Iqubal Hossain Ms. Chandrima Debnath Mr. Karnel Mondal ....for the petitioner Mr. Saibal Bapuli Ms. Sayanti Santra ....for the State Petitioner prays for anticipatory bail primarily on the ground of health condition.

It is claimed on behalf of the petitioner that, the petitioner is suffering from tuberculosis and is suspected to carry Human Immunodeficiency Virus (HIV).

Learned advocate appearing for the State submits that, anticipatory bail of co-accuseds were turned down by the order dated March 2, 2023 passed in CRM (A) 898 of 2023. Apparently, two bombs were hurled in an incident of assault. One of the injured suffered injuries on the spinal cord. The injury was classified as grievous hurt.

Petitioner stands implicated in such incident. 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) 1752 of 2023 is dismissed.

(Debangsu Basak, J.) (Rai Chattopadhyay, J.)