Dipak Shaw v. State Of West Bengal

C.R.M. (A) 3300 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Jorasanko Police Station Case No. 117 of 2023 dated 09.07.2023 under Sections 324/326/379/114 of the IPC. And In the matter of: Dipak Shaw ....petitioner.

Md. Wasim Akram Mr. Julfikar Alam ...for the petitioner.

Mr. S. S. Imam Mr. R. Jana ...for the State.

25.08.2023 ML. 480 Court No. 29 Suvayan (Rejected)

1. Heard learned Counsel for both the parties.

2. In a fight between the informant and the petitioner, both are alleged to have sustained injury. The injury sustained by the petitioner as found from page No. 12 of this petition is not so serious and grievous in nature. But so far as the injury of the informant is concerned he is alleged to have been assaulted by scissors and he has sustained multiple stab injuries on his entire body.

3. As the petitioner has conducted himself cruelly on a trivial matter, we are not inclined to exercise our discretion in favour of the petitioner under Section 438 Cr.P.C.

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

6. The application being CRM (A) 3300 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)