Mojammel Haque Mallick And ORS. v. State Of West Bengal

13.02.2024 536(ML) Ct. No. 29 S.D.

REJECTED C.R.M.(A) 5613 of 2023 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Haripal Police Station Case No. 459 of 2023 dated 17.10.2023 under Section 341/323/325/307/379/427/504/506/34 of the Indian Penal Code.

And In Re : Mojammel Haque Mallick & Ors.

...... petitioners Mr. Sagnik Mukherjee ...for the petitioners Mr. Saibal Bapuli Mr. Asraf Mandal ...for the State Ms. Madhumati Chakraborty ..for the defacto-complainant An alarming state of affairs is present in the present police case.

Petitioner served a copy of the application for anticipatory bail at the office of the Public Prosecutor.

Paragraph no. 1 of such service copy is at variance with the paragraph no. 1 of the application filed in Court. Paragraph no. 1 relates to filing of application for anticipatory bail with the Jurisdictional Court. In view of such conduct of the petitioner, an imperative need for custodial interrogation of the petitioner stands made out

In such circumstances, we are unable to grant anticipatory bail to the petitioners and the prayer for anticipatory bail is rejected.

The application being CRM (A) 5613 of 2023 is dismissed.

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