Calcutta High CourtCRM (A)/2960/2023rejected

Sanju Debsharma And ORS v. State Of West Bengal

2023-08-10Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (A) 2960 of 2023 10.08.2023 ML. 176 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 Kushmandi Police Station Case No. 133 of 2023 dated 06.06.2023 under Sections 341/323/307/506/34 of the IPC. And In the matter of: Sanju Debsharma & Ors.

....petitioners.

Mr. Mazhar Hossain Chowdhury Ms. Mobashshara Alam ...for the petitioners.

Mr. Tanmay Kr. Ghosh Mr. Arindam Sen ...for the State.

1. Heard learned Counsel for both the parties.

2. The petitioners are alleged to have put human stools into the mouth of the victim and thereafter they forcibly put water into the mouth of the victim by catching hold of him. The offence under Section 307 IPC is not made out prima facie, but the action by the petitioners being inhuman and unthought of in a civil society, we are not inclined to exercise our discretion in favour of the petitioners under Section 438 Cr.P.C.

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

6. The application being CRM (A) 2960 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)