Musharaf Mallick And ORS v. State Of West Bengal

(AD) 30.11.2021 C.R.M. 7693 of 2021 (Via Video Conference) Court No.29 (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 23.11.2021 in connection with Jangipara P.S. Case No. 106 of 2021 dated 22/05/2021 under Sections 147/148/149/186/332/333/307/353 of the Indian Penal Code, 9 MPO Act, 3⁄4 E.S. Act.

And In the matter of: - Musaraf Mallick & Ors.

...petitioners.

Mr. Sudip Ghosh Chowdhury Mr. Argha Das Mr. Abhishek Bose ...for the petitioners.

Ms. Sukanya Bhattacharya Mr. Nirupam Dhali ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the police complaint relates to a mob violence. He submits that the petitioners were falsely implicated. In any event, the police submitted charge sheet and, therefore, the custodial interrogation of the petitioners are not required. Learned Advocate appearing for the State draws the attention of the Court to the injury report, the statements recorded under Section 164 of the Code of Criminal Procedure and to the statements recorded under Section 161 of the Code of Criminal Procedure.

Considering the materials in the case diary, the gravity of the offences and the involvement of the petitioners and the statements recorded under Section 164 of the Code of Criminal Procedure and under Section 161 thereof, we are unable to grant

anticipatory bail to the petitioners.

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

C.R.M. 7693 of 2021 is dismissed.

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