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Calcutta High CourtCRM (A)/1851/2023dismissed as rejected

Aparna Bej And ANR v. State Of West Bengal

2023-05-02Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

02.05.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 1851 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Goghat Police Station Case No. 53 of 2023 dated 13.02.2023 under Sections 341/326/307/506/34 of the Indian Penal Code, 1860.

And In Re : Aparna Bej & Anr.

...... petitioners Mr. Niladri Sekhar Ghosh Ms. Sompurna Chatterjee Mr. Sourav Mondal ....for the petitioners Ms. Faria Hossain Ms. Baisali Basu Ms. Mamata Jana ....for the State To persons are before us seeking anticipatory bail on the strength, inter alia, of the observations made by the Coordinate Bench on March 20, 2023 recorded in CRM (DB) 966 of 2023 being the application for bail of two other co-accuseds. Before the Coordinate Bench, two other co-accuseds, who are the parents of the present petitioner, sought bail. In such context, the Coordinate Bench was of the opinion that the further detention of such co-accuseds for progress of investigation was not necessary and they may be granted bail. Period of detention was taken into consideration as well as the need for further detention of such co-accuseds while granting bail.

Petitioners before us stands implicated in an incident of assault where, two persons suffered injuries. One of the

persons suffered incised injuries on the scalp caused by bamboo stick, iron rod and sharp cutting weapon. Both the petitioners stand implicated in the incident of assault using bamboo stick, iron rod and sharp cutting weapon to assault two injured.

Considering the gravity of the offence and the involvement of the petitioners in the incident as transpiring from the materials in the case diary, we are unable to grant anticipatory bail to the petitioners.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 1851 of 2023 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)