Rapan Mondal And ANR v. State Of West Bengal

10.01.2024 Item No.15 Ct. No. 29 CHC Rejected C.R.M.(A) 4788 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dhantala Police Station Case No. 101 of 2018 dated 22.03.2018 under Sections 341/325/326/354/34 of the Indian Penal Code added Section 307 of the Indian Penal Code.

And In the matter of : Rapan Mondal & anr.

...... petitioners Ms. Minoti Gomes, Ms. Dona Sanyal ....for the petitioners Mr. S. S. Imam, Mr. Sandip Kundu ....for the State Petition is taken up for consideration subsequent to the order dated October 17, 2023 passed by the co-ordinate Bench. 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.

Learned advocate appearing for the petitioners submits that, the incident of assault took place over political rivalry. There is another counter police complaint also. We perused the materials in the Case Diary.

Injured implicate all the petitioners before us in the incident of assault.

Two persons were injured in the present police case. One person received fracture injury on the left parital bone. Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the Case Diary, we are unable to confirm the interim order dated October 17, 2023 or grant anticipatory bail to the petitioners.

This application for anticipatory bail is, thus, rejected. CRM(A) 4788 of 2023 is disposed of.

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