Calcutta High CourtCRM (A)/3317/2023rejected

Kabiluddin Sarkar v. State Of West Bengal

2023-08-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (A) 3317 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Harirampur Police Station Case No. 93 of 2023 dated 15.05.2023 under Sections 341/325/354/307/506/34 of the IPC.

And In the matter of: Kabiluddin Sarkar ....petitioner.

Mr. Kaushik Choudhury Ms. Busra Khatun ...for the petitioner.

Mr. Avishek Sinha ...for the State.

25.08.2023 ML. 496 Court No. 29 Suvayan (Rejected)

1. Heard learned Counsel for both the parties.

2. Taking into consideration the nature of injury which has resulted in internal hemorrhage of the victim, we are not inclined to exercise our discretion in favour of the petitioner under Section 438 Cr.P.C. as he is stated to be principal assailant, who assaulted on the head of the victim with a 'lathi'.

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

6. The application being CRM (A) 3317 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)