Adar Ali Mallick Alias Md Adar Ali And ORS v. State Of West Bengal

14.09.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 4400 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 226 of 2022 dated 14.04.2022 under Sections 341/325/308/354/34 of the Indian Penal Code.

And In Re : Adar Ali Mallick @ Md. Adar Ali & Ors. ...... petitioners Mr. Habibur Rahaman ....for the petitioners Md. Anwar Hossain Ms. Sreyashee Biswas ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioner submits that, there is a civil dispute between the private parties. Other co-accuseds were enlarged on bail. The police filed chargesheet and, therefore, custodial interrogation of the petitioners are not required.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that, three persons suffered injuries. He refers to the statement of the injured persons recorded under Section 161 of the Code of Criminal Procedure.

Three persons suffered injuries. Statement of one of the injured states that he was assaulted on the head by a sharp cutting weapon. He was unconscious after the assault. Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary, we are unable to grant anticipatory bail to the petitioners.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 4400 of 2022 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)