Calcutta High CourtCRM (A)/2240/2023allowed

Dhiren Roy @ Dhren Roy And ORS v. State Of West Bengal

2023-06-15Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen4 pages

C.R.M. (A) 2240 of 2023 15.06.2023 Sl. 113 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Kulti Police Station Case No. 46 of 2023 dated 23.01.2023 under Sections 147/148/149/186/333/332/353/307/379/427/34 of the IPC, Sections 3 & 4 of PDPP Act and Section 8B of N.H. Act, 1956.

And In the matter of: Dhiren Roy @ Dhren Roy & Ors. ....petitioners.

Mr. Ayan Bhattacharya Mr. Kunal Ganguly Mr. Tirupati Mukherjee ...for the petitioners.

Mr. Suman De ...for the State.

1. Heard learned Counsel for both the parties.

2. Considered the materials placed by them including the statement of the witnesses and the injury report in respect of the injured persons including the grievous injury of facture of fifth MC bone suffered by one of the injured. Investigation is stated to have progressed substantially.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of injury and substantial progress of the investigation, it is directed that each of 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 in connection with Kulti P.S. case No. 46 of 2023 dated 23.01.2023 including the condition that each of the petitioner shall appear before the I.O. once in a fortnight on the day and time fixed by the I.O. till submission

of Final Form.

4. It is clarified that the day and time shall be fixed in such any a date all the petitioners should not come in the same time.

5. Within 3 weeks of the receipt of server copy or certified copy of this order, the petitioners are directed to appear before the I.O. alongwith a copy of such order.

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

6. The application being CRM (A) 2240 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)