Calcutta High CourtCRM (A)/2275/2023allowed

Laltu @ Laltu Ali And ORS v. State Of West Bengal

2023-06-21Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen4 pages

C.R.M. (A) 2275 of 2023 21.06.2023 Sl. 175 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 Harishchandrapur Police Station Case No. 156 of 2023 dated 25.02.2023 under Sections 341/325/326/308/34 of the IPC (Corresponding to G.R. case No. 466/2023).

And In the matter of: Laltu @ Laltu Ali & Ors.

....petitioners.

Mr. Ashok Das Mr. Sourav Mukherjee Ms. Ayana Dey ...for the petitioners.

Mr. Binay Panda Ms. Puspita Saha ...for the State.

Ms. Minoti Gomes Mr. Asfak Ahammed ...for the de facto complainant.

1. Heard learned Counsel for both the parties.

2. The principal accused, Habibur Rahaman @ Habi is stated to have been released on regular bail. Considered the materials placed by learned Counsel for the parties including the statement of the witnesses and injury report in respect of the victim.

3. Taking into consideration the nature of injuries which is not grievous though opined to be grievous in the primary injury report, we are of the view that the present petitioners should be granted the benefit of anticipatory bail.

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 their arrest on such terms and conditions as

deemed just and proper in the facts and circumstances of the case in connection with Harishchandrapur P.S. case No. 156 of 2023 dated 25.02.2023.

5. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

6. 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) 2275 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)