Safajuddin Mondal And ORS. v. State Of West Bengal

C.R.M. (A) 3954 of 2023 25.09.2023 SL. 53 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Domkal Police Station Case No. 469 of 2023 dated 12.07.2023 under Sections 326/307/34 IPC and Sections 25/27 of the Arms Act (corresponding to G.R. Case No. 3107 of 2023). And In the matter of: Safajuddin Mondal & Ors.

....petitioners.

Mr. Anisur Rahman ...for the petitioners.

Mr. Arijit Ganguly Mr. Sanjib Kr. Dan ...for the State.

1. Heard learned Counsel for the parties.

2. The incident as involved in this case occurred on account of a political rivalry. On perusal of the bed-head ticket/discharge certificate of the victim Momin Mondal, we found that he suffered bomb blast injury for which splinters have been removed from his person and from the treatment-sheet, we also noticed gunshot injury on his person.

3. From the statement of the witnesses recorded so far, we prima facie find the involvement of the present petitioner in the alleged crime who according to the witnesses hurled bomb during the said transaction.

4. Considering the grievous nature of the crime, 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) 3954 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)