Beniyaj Sk @ Beniyas Seikh And ORS v. State Of West Bengal

29.11.2022 Serial no. 13 [Dd] (Anticipatory bail) (Rejected) CRM (A) 5476 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bharatpur Police Station Case No. 353 of 2022 dated 27.10.2022 under Sections 341/326/307/506/34 of the Indian Penal Code.

-AndIn the matter of : Beniyaj Sk @ Beniyas Seikh & Ors. ... ...Petitioners Mr. Goutam Dey, Md. Jannat Ul Firdous, Mr. Rajesh Naskar, Advocates ... ... For the Petitioners Mr. Avishek Sinha, Advocate ... ...For the State Mr. Rajnil Mukherjee, Advocate ... ...For the de facto complainant Petitioners renew the prayer for anticipatory bail. Prayer for anticipatory bail was rejected on November 9, 2022.

It is submitted on behalf of the petitioners that the prayer was rejected on the basis of the photographs in the case diary and without looking into the injury reports.

There are injury reports in the case diary which speak of injured suffering grievous hurt. All the petitioners stand implicated in the assault.

The materials in the case diary suggest that the requirement of immediate custodial interrogation of all the petitioners. The Court is informed that an order under Section

83 of the Criminal Procedure Code was passed by the jurisdictional Court yesterday.

There is hardly any material change in circumstances in favour of any of the petitioners to consider the renewal prayer. In such circumstances, we are unable to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 5476 of 2022 is dismissed.

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