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Calcutta High CourtCRM (A)/2106/2023allowed

Akhilesh Bhandari And ORS v. State Of West Bengal

2023-06-05Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

05.06.2023 Sl. 13 Court No.12 Suvayan/ Sourav (Allowed) C.R.M. (A) 2106 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kharagpur (Town) P. S. Case No. 143/2023 dated 09.03.2023 under Sections 341/323/325/307/354B/427/34 of the Indian Penal Code.

And In the matter of: Akhilesh Bhandari & Ors.

....petitioners Mr. Suman De ...for the petitioners.

Mr. Prasun Kr. Datta, APP Mr. Nirupam Dhali ...for the State.

1.

Heard the learned Counsel for the parties.

2.

This petition for anticipatory bail arises out of Kharagpur (Town) P.S. case No. 143/2023 dated 09.03.2023 under Sections 341/323/325/307/354B/427/34 IPC.

3.

There is stated to be case and counter case between the parties.

4.

It is fairly submitted at the Bar that the injury sustained by the victims are simple in nature and not on vital parts of the body. So far as offence under Section 354B IPC is concerned, it is omnibus in nature and there is allegation to the effect that the petitioners tried to pull the Saree of the mother of informant.

5.

The investigation is stated to have progressed substantially as submitted by Mr. Prasun Kumar Datta, learned Additional Public Prosecutor for the State.

6.

Regard being had to the facts and submissions, factum of permanent residence of the petitioners and nature of offence substantial progress in the investigation, it is directed that

each of the petitioner shall be released on bail by the arresting Officer in the event of their arrest, in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case. 7.

Each of the petitioner is directed to appear before the I.O. within 3 weeks from the date of receipt of either server copy or certified copy of this order along with a copy of this order. 8.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

9.

The application being CRM (A) 2106 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)