Rajesh Mondal And ORS v. State Of West Bengal

13.07.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 3319 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 87 of 2022 dated 08.02.2022 under Sections 341/325/326/307/354/34 of the Indian Penal Code, 1860.

And In Re : Rajesh Mondal & Ors.

...... petitioners Ms. Minoti Gomes Mr. Amanul Islam Mr. Sourav Mukherjee ....for the petitioner Mr. Saryati Dutta ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, there was a free fight between two groups. The petitioners were falsely implicated. The police filed charge-sheet and, therefore, custodial interrogation of the petitioners are not required.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that, two persons sustained injuries and one of them was grievous hurt with scalp injury. He refers to the statement

of the injured recorded under Section 161 of the Code of Criminal Procedure (Cr.P.C.).

The petitioners before us are named in the 161 Cr.P.C. statement of the injured. One of the injured suffered grievous hurt.

In such circumstances, we are unable to grant anticipatory bail to the petitioners.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 3319 of 2022 is dismissed.

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