Sariful @ Sariful Islam v. State Of West Bengal

11.01.2024 Serial no. 18 Anticipatory bail [Rejected] Dd CRM (A) 4740 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. 440 of 2023 dated 22.05.2023 under Sections 448/323/307 of the Indian Penal Code, 1860.

(G.R. Case No. 1581 / 2023) -AndIn the matter of : Sariful @ Sariful Islam ... ...Petitioner Mr. Shaharayar Alam, Advocate ... ... For the Petitioner Md. Anwar Hossain, Ms. Ratna Ghosh, Advocates ... ...For the State The application is taken up for consideration subsequent to order dated January 8, 2024.

On January 8, 2024, a submission was made that there was a promise entered into with the de facto complainant. Considering the nature of the offences and the nature of the promise, we wanted the de facto complainant to be notified and to be present in Court.

Investigating Officer is present in Court.

It is submitted on behalf of the State that the de facto complainant was notified. De facto complainant is, however, not appearing before Court despite notice.

The police case relates to offences which are noncompoundable. It is claimed that a written compromise was entered into with regard to such non-compoundable offences. This claim requires investigation to be conducted more rigourously.

In such circumstances, we are unable to confirm the interim order dated October 17, 2023 or grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 4740 of 2023 is dismissed.

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