Saddam Hossain v. State Of West Bengal

11.01.2024 Serial no. 19 Anticipatory bail [Rejected] Dd CRM (A) 4759 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Sagardighi Police Station Case No. 136 of 2023 dated 19.04.2023 under Sections 341/323/325/326/307/34 of the Indian Penal Code, 1860.

(G.R. Case No. 868 /2023 ) -AndIn the matter of : Saddam Hossain ... ...Petitioner Ms. Minoti Gomes, Mr. Chandrima Debnath, Advocates ... ... For the Petitioner Mr. Antaraikhya Basu, Advocate ... ...For the State Petition is taken up for consideration subsequent to order dated October 17, 2023.

By such order, interim anticipatory bail was granted by the co-ordinate Bench.

It is submitted at the Bar that the co-ordinate Bench did not consider the materials in the case diary and passed such order in view of the ensuing Puja vacation.

We perused the materials in the case diary.

The petitioner stands implicated in an incident of assault. The victim suffered grievous hurt of comminuted fragment fracture on left elbow region. The co-accused was arrested and was enlarged on bail by the jurisdictional Court after 89 days of custody.

Police filed charge sheet.

Considering the gravity of the offence and the involvement of the petitioner in the incident, 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) 4759 of 2023 is dismissed.

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