Biswajit Diyasi @ Akash Diyasi v. State Of West Bengal
28.11.2022 Serial no. 13 [Dd] (Anticipatory bail) (Rejected) CRM (A) 5483 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bhupatinagar Police Station Case No. 359 of 2022 dated 27.09.2022 in connection with G.R. 2108 of 2022 under Sections 307/325/326 and 448 of the Indian Penal Code. -AndIn the matter of : Biswajit Diyasi @ Akash Diyasi ... ...Petitioner Mr. Sabyasachi Mukherjee, Mr. Bibek Dey, Advocates ... ... For the Petitioner Ms. Faria Hossain, Ms. Mamata Jana, Advocates ... ...For the State Petitioner prays for anticipatory bail.
Learned advocate appearing for the petitioner submits that the petitioner lent and advanced money. When the petitioner demanded refund of the same, the incident occurred. Learned advocate appearing for the State draws the attention of the Court to the injury report, the statement of the injured recorded under Section 161 of the Criminal Procedure Code and the statement of the Doctor treating the injured. The injured victim implicates the petitioner in the injury inflicted by sharp cutting weapon.
The Doctor states that the injury was with a sharp cutting weapon and was of such serious nature that the assault was an attempt to murder.
Considering the gravity of the offence, the materials in the case diary and the involvement of the petitioner therein, we are unable to grant anticipatory bail to the petitioner.
Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 5483 of 2022 is dismissed.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)