Amirul Hoque And ANR v. State Of West Bengal

C.R.M. (A) 2359 of 2023 12.07.2023 Sl. 6 Court No. 29 Suvayan (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Kaliachak Police Station Case No. 564 of 2022 dated 26.05.2022 under Sections 448/323/326/354/308/302/34 of the IPC, 1860 corresponding to G.R. Case No. 3102 of 2022. And In the matter of: Amirul Hoque & Anr.

....petitioners.

Mr. Mobashshara Alam ...for the petitioners.

Mr. Ranabir Roy Chowdhury Mr. Sandip Chakraborty ...for the State.

1. Heard learned Counsel for both the parties.

2. The present petitioners are alleged to have cut hold of the victim when the principal accused is alleged to have dealt the fatal blow. This petition for anticipatory bail is filed after one year of the occurrence and proclamation is stated to have been issued against all the accused persons including the present petitioners in the meantime.

3. Regard being had to the gravity of offence, nature of implication and punishment prescribed, we are not inclined to exercise our discretion in favour of the petitioners under Section 438 Cr.P.C at this stage.

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

6. The application being CRM (A) 2359 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Apurba Sinha Ray, J.)