Masirul Islam @ Nayan Ali And ORS v. State Of West Bengal

05.01.2024 Ct. No. 29 S.D.

REJECTED C.R.M.(A) 4499 of 2023 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 995 of 2023 dated 01.8.2023 under Section 325/326/354/308/427/341/379/34 of the Indian Penal Code.

And In Re : Masirul Islam @ Nayan Ali & Ors.

...... petitioners Mr. Nemai Chandra Betal ....for the petitioners Mr. Arijit Ganguly Mr. Avik Ghatak ...for the State The application for anticipatory bail is taken up for consideration subsequent to the order dated October 16, 2023 by the Coordinate Bench.

By such order dated October 16, 2023, the petitioners were enlarged on an interim anticipatory bail. It is submitted at the bar that, the order granting interim anticipatory bail was passed just prior to the ensuing puja vacation without considering the materials in the case diary. We perused the materials in the case diary.

All the petitioners before us were involved in an incident of assault, causing the injured to suffer a head injury. Injured suffered cut injury at the right temporal region. Stitches were required to be administered upon the injured. Police case requires investigation.

Enlarging any of the petitioners on anticipatory bail will be inimical to the investigation.

In such circumstances, we are unable to confirm the interim order dated October 16, 2023 or to grant anticipatory bail to any of the petitioners.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 4499 of 2023 is dismissed.

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