Calcutta High CourtCRM (A)/2305/2023allowed

Nazrul Gazi And ANR v. State Of West Bengal

2023-06-20Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2305 of 2023 20.06.2023 Sl. 155 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 Hasnabad Police Station Case No. 81 of 2023 dated 02.03.2023 under Sections 341/323/325/307/354/506/34 of the Indian Penal Code.

And In the matter of: Nazrul Gazi & Anr.

....petitioners.

Mr. Kallol Kumar Basu Md. Jannaat Ul Firdous ...for the petitioners.

Mr. Abhra Mukherjee Mr. Dipankar Mahata ...for the State.

1. Heard the learned Counsel for the parties and considered the materials placed by them including the statements of the witnesses recorded during investigation and the injury report in respect of two victims.

2. There being clamour for possession of a piece of property, order passed in proceeding under Section 144 of the Code of Criminal Procedure being in force, the present transaction is stated to have happened on the disputed land itself. Chargesheet is stated to have been filed.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of injuries suffered by the victims which are not on the vital parts of the victims and completion of investigation in the meantime, it is directed that each of the petitioners shall appear before the learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas, within 15 days from today in connection with

G.R. Case arising out of Hasnabad Police Station Case No. 81 of 2023 dated 02.03.2023. On their appearance and application for bail each of the petitioners 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) 2305 of 2023 is disposed of.

6. learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas is directed to act on the server copy of this order. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)