Noor Mahammad Sk v. State Of West Bengal

C.R.M. (A) 3577 of 2023 11.10.2023 SL. 17 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raghunathganj Police Station Case No. 655 of 2023 dated 04.08.2023 under Sections 302 IPC.

And In the matter of: Noor Mahammad Sk.

....petitioner.

Mr. Pravas Bhattacharya Mr. Mirza Firoj Ahmed Begg Ms. Rita Patra ...for the petitioner.

Mr. Binay Panda Ms. Puspita Saha ...for the State.

1. Heard learned Counsel for the parties.

2. The case involves murder. There are eyewitness accounts regarding the incident. It is found from the statements of the eyewitnesses that following a verbal altercation between the petitioner, who is a toto driver and the deceased over fare, physical tussle ensued, resulting in use of abusive language by the petitioner. When the deceased confronted the petitioner about use of abusive language, the petitioner bringing out a ranch (iron spanner) from the toolbox of the toto started assaulting the deceased on this face and chest. He, thereafter, grounded him and used the toto as a weapon of offence to run over him. As a result of which the toto capsized.

3. From the materials on record, it is found that the petitioner has acted in a brutal manner.

4. Regard being had to the gravity of the offence, we are not

inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioner.

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

6. The application being CRM (A) 3577 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)