Mabarak Hossain Sk @ Mobarok Hossain And Another v. State Of West Bengal

C.R.M. (A) 4228 of 2023 02.01.2024 Sl.23 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dhubulia Police Station Case No.1296 of 2022 dated 02.08.2022 under Sections 341/323/325/34 of the Indian Penal Code and added Sections 326/307 of the Indian Penal Code. And In the matter of: Mabarak Hossain Sk. @ Mobarok Hossain & Anr.

....petitioners.

Mr. Anirban Mitra Mr. Amit Halder Mr. Amit Roy Ms. Madhumita Sadhukhan ... for the petitioners Mr. P.K. Data, Ld. APP Mr. Santanu Deb Roy ...for the State.

Mr. Dipanjan Chatterjee Mr. Snehanshu Majumder ... for the de facto complainant.

The petition is taken up for consideration subsequent to the order dated October 16, 2023.

By such order, the petitioners were enlarged on interim anticipatory bail.

It is submitted at the bar that such order was passed without considering the materials in the case diary in view of the ensuing puja vacation.

We considered the materials in the case diary. We find that the victim suffered grievous hurt in the nature of acute traumatic subdural hematoma on the left parietal region with fracture to parietal skull vault.

The injured implicates the petitioners in 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 extend the interim anticipatory bail granted to the petitioners on October 16, 2023 or grant them anticipatory bail.

Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

C.R.M. (A) 4228 of 2023 is dismissed.

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