Jaliluddin Gazi And ORS v. The State Of West Bengal

04.01.2022 IN THE HIGH COURT AT CALCUTTA Sl.No. 273 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No. 32 APPELLATE SIDE Amalranjan (Via Video Conference) CRM No. 7835 of 2021 Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.

Rejected In the matter of : JalilUddin Gazi & Ors.

..... Petitioners Mr. Tanmay Basu ...for the Petitioners Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ...for the State Apprehending arrest in connection with Harwood Point Coastal Police Station Case No. 205 of 2021 dated 01.07.2021 under Sections 323/325/354B/506/308 and 34 of the Indian Penal Code and under Section 12 of the POCSO Act, the petitioner has filed the present application. The learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated in view of previous enmity. The allegations are omnibus in nature. The present complaint was lodged as a counter blast to a civil dispute between the parties. Co-accused persons have already been granted anticipatory bail by a co-ordinate

Bench of this Court. In the said conspectus, custodial interrogation is not necessary.

Per contra, the learned advocate appearing for the State submits that there are strong incriminating materials against the present petitioner and invites our attention to the injury report and the statement of the victim girl as recorded under Section 164 of the Code. He further submits that investigation is still in progress and the petitioner is not similarly situated with the co-accused persons, who have been granted anticipatory bail.

We have heard the rival submissions of the parties and perused the case diary. Strong incriminating materials are there against the present petitioners. Petitioner no.1 was part of the group who assaulted the victim. He also instigated the others. A perusal of the statement of the victim reveals that she was assaulted on her head by a stick and medical documents corroborates such assault. She was admitted in a hospital for almost 2 weeks. Investigation is still in progress. Considering the extent of complicity of the petitioners in the alleged offence, we are not inclined to exercise any discretion in their favour.

Accordingly, the application for anticipatory bail of the present petitioners is rejected.

All parties shall act on the server copies of this order duly downloaded from the official website of this court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)