Calcutta High CourtCRM (A)/3353/2023rejected

Jahir Uddin Gazi @ Jahir Gazi v. State Of West Bengal

2023-08-28Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (A) 3353 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Mandir Bazar Police Station Case No. 158 of 2023 dated 04.04.2023 under Sections 447/323/326/307/506/34 of the IPC. And In the matter of: Jahir Uddin Gazi @ Jahir Gazi ....petitioner.

28.08.2023 ML. 532 Court No. 29 Suvayan (Rejected) Ms. Rita Patra Ms. Puspita Das Mr. M. F. A. Begg ...for the petitioner.

Mr. Prasun Kr. Datta, APP Mr. Nirupam Dhali ...for the State.

Mr. Sayan Kanjilal ...for the de facto complainant.

1. Heard learned Counsel for both the parties.

2. The petitioner is alleged to have given a stab injury on the left side chest of the victim size of which is 1⁄2" X 1⁄2". The left side chest being a vital part of the body and the petitioner having acted violently, we are not inclined to exercise our discretion in favour of the petitioner under Section 438 Cr.P.C., though there is stated to be case and counter case.

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

6. The application being CRM (A) 3353 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)