Sk Asadula @ Sk Asadulla And ORS v. State Of West Bengal

C.R.M. (A) 2273 of 2023 19.06.2023 Sl. 161 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 Sabang Police Station Case No. 72 of 2022 dated 27.03.2022 under Sections 341/323/325/307/34 of the IPC corresponding to G.R. Case No. 896 of 2022.

And In the matter of: Sk. Asadula @ Sk. Asadulla & Ors. ....petitioners.

Mr. Ramasish Mukherjee Mr. Sk. Nezamuddin ...for the petitioners.

Mr. Prasun Kr. Datta, APP Mr. Nirupam Dhali ...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 victim. The injury shown to have been sustained by the victim prima faice do not make out an offence under Section 307 IPC. Charge-sheet is stated to have been filed in the meantime.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners and on completion of investigation in the meantime, it is directed that each of the petitioner shall appear before the learned Chief Judicial Magistrate, Paschim Medinipur within 15 days from today in connection with G.R. Case No. 896 of 2022 arising out of Sabang P.S. case No. 72 of 2022 dated 27.03.2022. On their appearance and application for bail each of the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the

case.

4. The learned Chief Judicial Magistrate is directed to act on the server copy of this order.

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

6. The application being CRM (A) 2273 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)