Calcutta High CourtCRM (A)/2249/2023allowed

Sena Sk @ Sena Shekh And ANR v. State Of West Bengal

2023-06-27Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2249 of 2023 27.06.2023 Sl. 193 Court No. 29 sdas (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Chakdah Police Station Case No. 323 of 2023 dated 19.05.2023 under Sections 147/148/186/188/332/353/326/307 of the Indian Penal Code read with Section 18 of the West Bengal Highway Act read with Section 8(B)(1) of the National Highway Act. And In the matter of: Sena Sk. @ Sena Shekh & Anr. ....petitioners.

Ms. Rupsa Sreemani ...for the petitioners.

Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ...for the State.

1. Heard the learned Counsel for the parties.

2. Considered the materials placed by them including the statements of the witnesses and the injury report in respect of the three victims. Investigation is stated to have progressed substantially.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, absence of record of past criminal antecedents against them and substantial progress in the investigation, we direct each of the petitioners 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 including the conditions that the petitioners shall appear before the investigating officer once in a week on the day and time fixed by the investigating officer till the submission of final form and shall sit in front of

varandah of the concerned P.S. for one hour during such appearance. Conditions shall be effective till submission of the final form.

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

5. The application being CRM (A) 2249 of 2023 is disposed of.

6. Within 21 days of receipt of server copy or certified copy of this order petitioners are directed to appear before the investigating officer along with copy of this order. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)