Afsar Ali @ Ajijul Rahaman v. State Of West Bengal

03.01.2024 Item No.69 Ct. No. 29 CHC Rejected C.R.M.(A) 4381 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chopra Police Station Case No. 612 of 2018 dated 27.12.2018 under Sections 341/323/325/326/307/506/34 of the Indian Penal Code.

And In the matter of : Afsar Ali @ Ajijul Rahaman ...... petitioner Mr. Debapriya Mukherjee ....for the petitioner Md. Anwar Hossain, Ms. Ratna Ghosh ....for the State Petition is taken up for consideration subsequent to the order dated October 16, 2023 passed by the co-ordinate Bench. By such order, the coordinate Bench granted interim anticipatory bail to the petitioner.

It is submitted at the bar that, such order was passed without consulting the materials in the Case Diary and in view of the ensuing Puja Vacation.

We perused the materials in the Case Diary.

The police case is dated December 27, 2018. There is an issue of long absconsion. First prayer for anticipatory bail was made before the jurisdictional Court which was rejected on July 14, 2022. Thereafter, the petitioner went into a hiatus and made the present application on September 22, 2023.

Injured suffered fracture injury of both bones of right leg as well as left leg.

Injury is grievous in nature.

There is an issue of long absconsion.

In such circumstances, we are unable to extend the interim order of anticipatory bail granted on October 16, 2023 or grant anticipatory bail to the petitioner. This application for anticipatory bail is, thus, rejected. CRM(A) 4381 of 2023 is disposed of.

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