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2025 DAILYLAW 14164 (CAL)

RASEDUL SARDAR AND ANR. v. STATE OF WEST BENGAL

CRM (A)/871/2025 · 2025-03-12

Debangsu Basak, Smita Das De

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

12.03.2025 Item No.13 Ct. No. 26 CHC Rejected C.R.M.(A) 871 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code Criminal Procedure, 1973, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Tehatta Police Station Case No. 424 of 2024 dated 14.06.2024 under Sections 341/326/307/354B/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act. And In the matter of : Rasedul Sardar & Anr. ...… petitioners Ms. Minoti Gomes, Advocate Md. G. N. Imrohi, Advocate .…for the petitioners Mrs. Manisha Sharma, Advocate Mr. Subham Kanti Bhakat, Advocate .…for the State 1. Petitioners claim parity with other coaccused who were enlarged on anticipatory bail from time to time by the coordinate Bench. 2. Learned advocate appearing for the State submits that, petitioners do not stand on the same footing as that of the coaccused who were enlarged on anticipatory bail by the coordinate Bench. She draws the attention of the Court to the materials in the Case Diary. She submits that, injured suffered inter alia grievous hurt of fracture of left frontal bone and also a bullet injury. She submits that, injured as well as eyewitnesses implicate the petitioners in such assault. 2 3. Other coaccused who were enlarged on bail were not found to be placed in the same situation as that of the petitioners before us in relation to the assault on the victim. 4. Victim suffered a grievous hurt as also a bullet injury. 5. Petitioners stand implicated in such incident by the victim and eyewitnesses who ascribe active role to the petitioners. 6. There are another aspect to the present police case. It was registered on July 14, 2024 with the petitioners coming to the Court presently. 7. In such circumstances, we are unable to grant anticipatory bail to the petitioner. 8. This application for anticipatory bail is thus rejected. (Debangsu Basak, J.) (Smita Das De, J.)