Calcutta High CourtCRM (A)/2448/2023rejected

Babai Saha @ Soumen Saha v. State Of West Bengal

2023-07-17Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (A) 2448 of 2023 17.07.2023 ML. 54 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 659 of 2022 dated 09.10.2022 under Sections 341/326/307/34 IPC.

And In the matter of: Babai Saha @ Soumen Saha ....petitioner.

Mrs. Karabi Roy ...for the petitioner.

Mr. S. S. Imam Mr. R. Jana ...for the State.

1. Heard learned Counsel for the parties.

2. The petitioner with another is alleged to have assaulted the victim with a knife causing stab injury on his left side wall of the chest that too in an inebriated state.

3. We do not think it proper to grant pre-arrest liberty to such a person who is always a nuisance on such state.

4. In view of such fact, we are not inclined to exercise our discretion in favour of the petitioner under Section 438 Cr.P.C.

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

6. The application being CRM (A) 2448 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)