← Library
Calcutta High CourtCRM (A)/2996/2022dismissed

Ibrahim Mondal @ Md Ebrahim Mondal And ORS v. State Of West Bengal

2022-06-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

24.06.2022 Serial no.21 Aloke CRM (A) 2996 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Sawarupnagar Police Station Case No. 381 of 2022 dated 15.04.2022 under Sections 448/376D/325/307/34 of the Indian Penal Code. -AndIn the matter of : Ibrahim Mondal @ Md Ebrahim Mondal & Ors. ... ... Petitioners Mr. A.H. Molla, Advocate Mr. A.A. Alamgir, Advocate Ms. Rabit Khatoon, Advocate ... ... For the Petitioner Mr. Navnil De, Advocate ... ...For the State Mr. Satadru Lahiri, Advocate ... ... For the de facto complainant Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that there was a free fight amongst the private parties. There is a counter case. The petitioners also suffered injuries. Learned Advocate appearing for the State draws the attention to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure as also the statement of an eye witness recorded under Section 164 of the Code of Criminal Procedure. He refers to the medical report of the victim and her husband. De facto complainant is represented.

The medical report of the husband of the victim discloses that he suffered fractured injury on the head. The assault is prima facie corroborated by the statement of the eye witness recorded under Section 164 of the Code of Criminal Procedure. Based on such materials, we are unable to grant anticipatory bail to the petitioners. Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 2996 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)