Calcutta High CourtCRM (A)/2284/2023allowed

Sahajan Laskar v. State Of West Bengal

2023-06-19Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2284 of 2023 19.06.2023 Sl. 172 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 Usthi Police Station Case No. 380 of 2022 dated 04.09.2022 under Sections 447/325/326/307/34 of the Indian Penal Code. And In the matter of: Sahajan Laskar ....petitioner.

Dr. R. P. Motilal Mr. Pabitra Biswas ...for the petitioner.

Mr. Tanmoy Kumar Ghosh Ms. Sonali Bhar ...for the State.

1. Heard the learned Counsel for the parties.

2. Charge-sheet is stated to be filed. Though the victim has suffered a stab injury stated to have been given by the present petitioner from the backside and though the injury is on vital part of the body, the medical papers and the injury report, however, do not show seriousness of the injury and involvement of the present petitioner therein. The victim has been discharged from the hospital after five days. There is stated to be pending civil litigation between the parties and it is further stated by the learned Counsel for the petitioner that there is no past criminal record against petitioner.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, completion of investigation in the meantime, petitioner is directed to appear before the learned Additional Chief Judicial Magistrate, Diamond Harbour, South 24 Parganas, within 15

days from today in connection with Usthi Police Station Case No. 380 of 2022 dated 04.09.2022. On his appearance and application for bail 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. Accordingly, the prayer for the anticipatory bail is allowed.

5. The application being CRM (A) 2284 of 2023 is disposed of.

6. Learned Additional Chief Judicial Magistrate, Diamond Harbour, South 24 Parganas shall act on the server copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)