Partly allowed

Mofiur Sk @ Mofiur Alam and Ors. v. State of West Bengal

Calcutta HC8 Sept 2023CRM (A)/3622/2023

Case brief

AI extract

What is this about?

The High Court partially allowed an anticipatory bail application in a case involving grievous injury. Petitioners 1-3 were denied bail due to their implication in the assault. Petitioners 4 and 5, not named in the victim's statement, were granted anticipatory bail with conditions and fines.

What did the court decide?

Anticipatory bail granted to Petitioners 4 and 5 upon furnishing a bond of Rs. 10,000 each with two sureties; regular bail application to be filed within four weeks.

Mofiur Sk @ Mofiur Alam and Ors. Vs State of West Bengal — Medical Negligence | Calcutta HC (2023)

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08.09.2023 45 as

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[Partly Allowed]

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C. R. M. (A) 3622 of 2023

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In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Burwan Police Station Case No. 255 of 2023 dated 03.07.2023 under Sections 341/324/307/34 of the Indian Penal Code.

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In Re: Mofiur Sk. @ Mofiur Alam & Ors.

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… … Petitioners

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Mr. Manas Kr. Das. … … for the petitioners

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Ms. Faria Hossain, Mr. Anand Keshari.

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… … for the State

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Md. Hafiz Ali, Ms. Shanta Sarkar.

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…for the de-facto complainant.

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Petitioners submit one Asgar Sk. @ Amir Sk. was murdered by the associates of the de-facto complainant. Criminal case was registered on 25.08.2023 against them. In retaliation the instant case has been registered. They pray for anticipatory bail.

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Learned Advocate for the State opposes the prayer for anticipatory bail and produces the injury report.

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We have considered the materials on record. Injury on the victim is grievous. Present incident occurred on 3^rd July, 2023 and cannot be said to be a counter case to the case registered against the associates. On the contrary, earlier case may have given motive to commit the crime.

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Statement of the injured victim implicates petitioner Nos.1 to 3 in the assault.

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Accordingly, we are not inclined to grant anticipatory bail to petitioner Nos.1 to 3.

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Keeping in mind the extent of complicity of petitioner Nos.4 and 5 who are not named by the injured victim, we are inclined to grant anticipatory bail to them.

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Accordingly, we direct that in the event of arrest, the petitioners viz., 4) Tipu Sk and 5) Arif Ikbal Hosan be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and they shall appear before the court below and pray for regular bail within four weeks from date.

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The application for anticipatory bail is, thus, disposed of.

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(Ajay Kumar Gupta, J.)

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(Joymalya Bagchi, J.)

Mofiur Sk @ Mofiur Alam and Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Mofiur Sk @ Mofiur Alam and Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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