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Calcutta High CourtCRM (A)/2828/2024rejected

Niyat Ali Sk @ Niyat Ali And ANR v. The State Of West Bengal

2024-08-16Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

16.08.2024 Court No.29 Item No. 39 Rejected ar CRM (A) 2828 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure corresponding to Section 482 of the BNNS Act, 2023 in connection with Kaliganj Police Station Case No. 384 of 2024 dated 02.05.2024 corresponding to G.R Case No. 2454 of 2024 under Sections 341/323/325/307/354/34 of the Indian Penal Code. And In Re: Niyat Ali Sk @ Niyat Ali & Anr.

Petitioners Mrs. Karabi Roy For the Petitioners Mr. Partha Pratim Das Mr. Bikram Mitra For the State

1. Learned counsel for the petitioners submits that the petitioners stand on the same footing as that of the accused persons who have been granted anticipatory bail earlier by this bench.

2. Learned counsel for the State has referred to the statement of the eyewitnesses recorded under Section 161 Cr.P.C.

3. Considering the materials available in the case diary, the nature and extent of complicity of the petitioners in the commission of the alleged offence that the petitioners have been directly implicated by the injured having assaulted on the forehead of the de-facto complainant and the injury appears to be grievous in nature, we are not inclined to grant anticipatory bail to the petitioners.

4. Accordingly, the prayer for anticipatory bail of the petitioners is rejected and the same is accordingly disposed of.

5. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Uday Kumar , J)