Tinku Debnath v. State Of West Bengal
14.10.2020 Item No. 28 k.b./b.r.
Crt.12 Rejected C.R.M. 7675 of 2020 (via video conferencing) In Re : An application for anticipatory bail under Section 438 CrPC in connection with Nandakumar P.S. Case No. 113 of 2020 dated 22.03.2020 under Section341/323/325 /326A/354/379 /506/34 of the Indian Penal Code.
Mr. Sk. Jayed Hossain .....for the petitioner.
Mr. P.K. Datta Mr. S. Bardhan Mr. Santanu Deb Roy ....for the State It is submitted on behalf of the petitioner that Nandakumar P.S. Case No. 113 of 2020 was registered on the basis of a complaint made by the de facto complainant against the petitioner as a retaliation against Nandakumar P.S. Case No. 111 of 2020 filed by the accused person against the de facto complainant of this case. Therefore, it is ascertained from the submission made by the learned advocate for the petitioner that there is allegation and counter allegation against both the parties in committing the offence.
In the instant case, Case Diary reveals that three persons including the de facto complainant received acid burn injuries. Prima facie ingredients offence against the petitioner under Section 326A of the IPC are established.
Therefore, considering the gravity of offence, we are not inclined to release the petitioner on anticipatory bail. Prayer for anticipatory bail is thus, rejected. (Bibek Chaudhuri, J.) (Subrata Talukdar, J.)