Kasem Mandal@Kashem Mandal And ORS v. State Of West Bengal

C.R.M. (A) 2247 of 2023 15.06.2023 Sl. 120 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 Garhbeta Police Station Case No. 169 of 2023 dated 03.03.2023 under Sections 448/323/324/325/307/34 of the IPC.

And In the matter of: Kasem Mandal @ Kashem Mandal & Ors. ....petitioners.

Mr. Soumyajit Das Mahapatra Mr. Supriyo Das Ms. Madhurai Sinha ...for the petitioners.

Mr. Avishek Sinha ...for the State.

1. Heard learned Counsel for both the parties.

2. Considered the materials placed by learned Counsel for the parties including the statement of the witnesses and the injury report in respect of the injured person.

3. There is stated to be case and counter case between the parties over the issue of irrigation of water to the filed. It is fairly submitted at the Bar that the injured had sustained simple injury only.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners and 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 his arrest on such terms and conditions as deemed just and proper in the facts and circumstances of the case in connection with Garhbeta P.S. case No. 169 of 2023 dated 03.03.2023.

5. Within 3 weeks of the receipt of server copy or certified copy

of this order, each of the petitioner is 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) 2247 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)