Afsar Ali And ORS. v. State Of West Bengal

12.09.2024 SL No.19 Court No.29 (gc) (Rejected) CRM (A) 3227 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Harishchandrapur Police Station Case No.537 of 2024 dated 27.06.2024 under Sections 448/324/325/326/ 307/34 of the Indian Penal Code.

And In the matter of : Afsar Ali @ Afsar & Ors.

- Petitioners.

Mr. Amanul Islam, Mr. Saptarshee Pakrashy ....For the Petitioners.

Mr. Binoy Kumar Panda, Mr. Nirupam Dhali ... For the State.

1. The learned Counsel for the petitioners submits that over a property dispute, hot altercation took place between the parties and both sides were injured.

2. The learned Counsel for the State in opposing the prayer for anticipatory bail has referred to the injury report and the statement of the injured.

3. Considering the nature of injury which is classified as clinically severe and the statement of the injured directly implicating the present petitioners in the commission of the alleged offence, we are not inclined to grant anticipatory bail to the petitioners.

4. Accordingly, the application for anticipatory bail is rejected.

5. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Prasenjit Biswas, J.)