Afajul Hoque And ORS v. State Of West Bengal

C.R.M. (A) 3287 of 2022 12.07.2022 Sl. 22 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Baishnabnagar Police Station Case No. 58 of 2022 dated 17.01.2022 under Sections 341/326/307/34 of the Indian Penal Code (G.R. No.411 of 2022). Charge Sheet submitted vide No.285/22 dated 30.04.2022 under Sections 341/323/325/308/34 of the Indian Penal Code.

And In the matter of: Afajul Hoque & Ors.

....petitioners.

Mr. Krishan Ray ...for the petitioners.

Mr. Joydeep Roy, Mr. Asif Dewan Mr. Gautam Banerjee ...for the State.

Petitioners pray for anticipatory bail.

Learned Advocate appearing for the petitioners submits that the fourth petitioner is 71 years old. He submits that none of the petitioners were involved in the incident. Learned Advocate appearing for the State draws the attention of the Court to the injuries suffered by the victim and the statement of the victim recorded under Section 161 of the Code of Criminal Procedure.

The injured suffered an injury of a broken arm. In his statement recorded under Section 161 of the Code of the Criminal Procedure, the injured victim implicates all the

petitioners.

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

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

C.R.M. (A) 3287 of 2022 is dismissed.

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