Hafijul Kha @ Hafijul Khan And ORS. v. State Of West Bengal And ANR
04.11.2024 sdas Rejected C.R.M. (A) No. 3697 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita read with under Section 438 of the Criminal Procedure Code in connection with Saktipur Police Station Case No. 169 of 2024 dated 19.06.2024 under Sections 447/323/325/307/379/ 354/34 of the Indian Penal Code and under Section 9B of the Indian Explosives Act.
And In Re : Hafijul Kha @ Hafijul Khan & Ors. ..... petitioners Mr. Kingsuk Mondal .....for the petitioners Mr. Shiladitya Banerjee Ms. Debadrita Mondal ....for the State Mr. Robiul Islam Mr. Raju Mondal Mr. Mosooq Rahman ..... for de facto complainant
1. Learned Counsel for the petitioners submits injuries are simple and they may be granted anticipatory bail.
2. Learned Counsel for the State opposes the prayer for anticipatory bail and submits petitioner nos. 1,2,3,4,6 and 8 have criminal antecedents.
3. Learned Counsel for the de facto complainant also opposes the prayer for anticipatory bail and submits petitioners are anti-social elements who have unleashed terror in the locality. On the next day of the incident they again threw bombs at the victim's family Signed By :
SHANTANU DAS High Court of Calcutta 7 th of November 2024 05:13:54 PM
resulting in bomb blast injuries. A separate criminal case has been registered.
4. We have considered the materials on record which show that most of the petitioners have criminal antecedents. They had assaulted the victim and outraged her modesty on the next day. They hurled bombs on the victim's family resulting in bomb blast injury. A separate criminal case has been registered. In view of nature of allegations and their involvement in multiple cases we are not inclined to grant anticipatory bail to the petitioners.
5. Accordingly, prayer for anticipatory bail is rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :
SHANTANU DAS High Court of Calcutta 7 th of November 2024 05:13:54 PM