Kutubuddin Mondal And ORS v. State Of West Bengal

C.R.M. (A) 3749 of 2023 19.09.2023 ML. 142 Court No. 29 Suvayan (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Deganga Police Station Case No. 328 of 2023 dated 05.07.2023 under Sections 302/34 of the IPC read with Section 3/4 of the Explosive Substances Act and Sections 25/37 of the Arms Act. And In the matter of: Kutbuddin Mondal & Ors.

....petitioners.

Mr. Md. Abdur Rakib Mr. Saikat Chatterjee ...for the petitioners.

Mr. Neguive Ahmed, APP Ms. Ayantika Roy ...for the State.

1. Heard learned Counsel for both the parties.

2. Though it is submitted on behalf of the petitioners that the victim of the incident died on account of accidental bomb blast, the same has been disputed and opposed on behalf of the State.

3. Learned Counsel for the State draws our attention to the order dated 11.08.2023 as passed by us in CRM (A) 3025 of 2023 whereby and whereunder an application for anticipatory bail of one co-accused, Abdul Khalek Mondal was rejected. As rightly submitted by learned Counsel for the State that it is not a case of accidental explosion but intentional explosion by the present petitioners along with other co-accused persons. One of such co-accused, viz., Abdul Khalek Mondal has been denied the benefit of anticipatory bail earlier.

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

6. The application being CRM (A) 3749 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)