Calcutta High CourtCRM (A)/2109/2023allowed

Kalu Sk v. State Of West Bengal

2023-06-05Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2109 of 2023 05.06.2023 Sl. 16 Court No. 12 Sourav/ Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Harishchandrapur Police Station Case No. 272 of 2023 dated 01.04.2023 under Sections 341/509/376/511/324/308/34 of the Indian Penal Code, 1860.

And In the matter of: Kalu Sk.

....petitioner.

Ms. Sujata Das ...for the petitioner.

Ms. Faria Hossain Ms. Baisali Basu Ms. Mamata Jana ...for the State.

1. Heard Ms. Sujata Das, learned Counsel for the petitioner and Ms. Faria Hossain, learned Counsel for the State.

2. This petition for anticipatory bail being CRM (A) 2109 of 2023 arises out of Harishchandrapur Police Station Case No. 272 of 2023 dated 01.04.2023 under Sections 341/ 509/ 376/ 511/ 324/ 308/ 34 IPC.

3. Two co-accused persons namely, Abdul @ Bheda and Dukhu Sk. are stated to have been released on anticipatory bail in the meantime in CRM (A) 2150 of 2023 as submitted by Ms. Faria Hossain, learned Counsel for the State.

4. Ms. Sujata Das, learned Counsel for the petitioner submits that the present petitioner, i.e., Kalu Sk. who is similarly circumstanced with aforesaid Abdul and Dukhu ought to have been granted the benefit of anticipatory bail.

5. Regard being had to such facts and submissions, factum of

permanent residence of the petitioners, nature of allegation, question of parity and substantial progress in the investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that i) petitioner shall appear before the I.O. once in a fortnight on the day and time fixed by the I.O. till the submission of F.F.; ii) he shall not threaten, induce, coerce the victim in any manner whatsoever.

6. Within 21 days of the receipt of server copy or certified copy of this order, each of the petitioner is directed to appear before the I.O along with a copy of this order.

7. Accordingly, the prayer for the anticipatory bail is allowed.

8. The application being CRM (A) 2109 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)