Islam Sk. @ Bipta v. State Of West Bengal
08.01.2024 Ct. No. 29 S.D.
REJECTED C.R.M.(A) 4641 of 2023 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jalangi Police Station Case No. 124 of 2023 dated 25.4.2023 under Section 341/323/325/326/307/34 of the Indian Penal Code.
And In Re : Islam Sk. @ Bipta ...... petitioner Mr. Golam Nure Imrohi ....for the petitioner Mr. Debasish Roy, P.P., Ms. Sreyashee Biswas ...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 petitioner was 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.
Two persons suffered injuries in the incident of assault. One person suffered grievous hurt. He suffered cut injury in the occipital region.
The injured recorded his statement under Section 161 Cr.P.C. implicating the petitioner before us in assaulting the person who suffered grievous hurt by a sharp cutting weapon. Considering the gravity of the offence and involvement of the petitioner in the incident, we are unable to confirm the order dated October 16, 2023 or to grant anticipatory bail to the petitioner and the prayer of anticipatory bail is rejected. The application being CRM (A) 4641 of 2023 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)