Mamtaj Alam And ORS v. State Of West Bengal

January 8, 2024 Sl No.A 86 s.biswas/cp CRM (A) 4666 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Islampur Police Station Case No. 614 of 2023 dated 16.08.2023 under Sections 341/323/324/325/307/427/34 of the Indian Penal Code read with Sections 25/27/35 of the Arms Act. And In Re: Mamtaj Alam and others ... ... Petitioners Mr. Kaushik Chaudhury Ms. Busra Khatun ... for the petitioners Mr. Swapan Banerjee Ms. Purnima Ghosh ... ... for the State The application for anticipatory bail is taken up for consideration subsequent to the order dated October 17, 2023. By such order, the Coordinate Bench granted interim anticipatory bail to the petitioners.

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.

We find from the materials in the case diary in the incident of assault, a number of persons sustained injuries. The injuries were of bullets and bomb blast. The injured persons named all the petitioners, amongst others, in the incident of assault. Independent eye witness also named petitioners being involved in such incident.

In such circumstances, considering the gravity of the offence and the involvement of the petitioners in the offence, we

are unable to confirm the interim order dated October 17, 2023 or grant anticipatory bail to the petitioners.

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

C.R.M. (A) 4666 of 2023 is dismissed.

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