Calcutta High CourtCRM (A)/4861/2023dismissed as rejected

Shubha Ranjan Majumdar And ORS. v. State Of West Bengal

2024-01-10Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

10.01.2024 Item No.209 (ML) Ct. No. 29 S. De C.R.M.(A) 4861 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nakashipara Police Station Case No. 557 of 2023 dated 08.07.2023 under Sections 325/326/307/34 of the Indian Penal Code, 1860. And In the matter of : Shubha Ranjan Majumdar & Ors. ...... petitioners.

Mr. Ayan Basu, Sk. Salim, Mr. Sumit Routh, ....for the petitioners.

Mr. Tanmoy Kr. Ghosh, Ms. Pritha Paul, ....for the State Petition is taken up for consideration subsequent to the order dated October 18, 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 due to political rivalry. Some of the petitioners also suffered grievous injury. Learned advocate appearing for the State draws attention of the Court to the materials in the case diary.

Persons suffered injury. At least four of them suffered grievous assault.

The injury report and the photographs of the injured suggested that the injured suffered deep cut injury on the head requiring stitches to be given. Injured also suffered deep cut injuries on several parts of the body.

All the petitioners before us stand implicated by the injured. At least seven persons were injured in the police case. In such circumstances, Considering the gravity of the offence and the involvement of the petitioners in the incident as transpiring in the materials of the case diary, we are not conform to extend the interim order dated October 18, 2023 or grant anticipatory bail to any of the petitioners. This application for anticipatory bail is, thus, rejected. CRM(A) 4861 of 2023 is disposed of.

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