Jaharul Islam And ORS. v. State Of West Bengal

16.12.2021.

as (Rejected) C.R.M. 5700 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hemtabad P. S. Case No.24 of 2021 dated 07.03.2021 under Sections 447/323/325/326/307/354/34 of the Indian Penal Code.

In the matter of : Jaharul Islam & Ors.

... Petitioners.

Mr. Somnath Banerjee, Mr. Pronojit Roy.

...for the Petitioners.

Mr. Neguive Ahmed, ld. A.P.P., Ms. Trina Mitra.

.....for the State.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioners that there was a free fight between the parties. Petitioners had also suffered injuries. Civil proceedings are pending inter se. Learned Advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. It appears from the statements of witnesses as well as the injury report that the petitioners conjointly assaulted the victim who suffered fracture injuries.

In view of the aforesaid facts, we are of the opinion that this is not a fit case to grant anticipatory bail to the petitioners.

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

(Bivas Pattanayak,J.) (Joymalya Bagchi, J.)