Fazlul Hoque@Fajlul Hoque And ORS v. The State Of West Bengal

14.12.2023

IN THE HIGH COURT AT CALCUTTA

Sl. No.23 Circuit Bench at Jalpaiguri akd [Rejected] C. R. M. (A) 1001 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 18.10.2023 in connection with Dinhata Police Station Case No. 381 of 2023 dated 14.07.2023 under Sections 448/341/326/307/427/354/506/34 of the Indian Penal Code read with Sections 25/27/35 of the Arms Act. (G.R. Case No.417 of 2023) And In Re: Fazlul Hoque @ Fajlul Hoque & Ors.

... ... Petitioners Mr. Subhasish Misra ... ... for the petitioners Mr. Sourav Ganguly Mr. Biswaroop Roy ... ... for the State

1. It is submitted on behalf of the petitioners that they have been falsely implicated due to political rivalry. Accordingly, they pray for anticipatory bail.

2. Learned Advocate for the State opposes the prayer for anticipatory bail and submits victim suffered gunshot injuries and was hospitalized.

3. We have considered the materials on record. Petitioners came in a body. They were armed. They fired at the victim which resulted in severe injuries and hospitalization. Under such circumstances, we are of the opinion this is not a fit case to grant anticipatory bail to the petitioners.

4. Accordingly, the prayer for anticipatory bail of the petitioners stands rejected.

(Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)