Motta Kabir Rahman And ORS v. State Of West Bengal

C.R.M. (A) 2308 of 2023 20.06.2023 Sl. 158 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 English Bazar Police Station Case No. 482 of 2023 dated 31.03.2023 under Sections 341/325/326/307/379/34 of the Indian Penal Code.

And In the matter of: Motta Kabir Rahaman & Ors.

....petitioners.

Mr. Pawan Kumar Gupta Ms. Salma Sultana Sah Ms. Sofia Nesar Mr. Abhijit Bose ...for the petitioners.

Ms. Faria Hossain Ms. Baisali Basu Ms. Mamata Jana ...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 investigating and the injury report in respect of two victims. Investigation is stated to have progressed substantially.

2. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of injuries suffered by the victim, genesis of the transaction 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 on such terms and conditions as deemed just and proper in the facts and circumstances of the case in connection with English Bazar Police Station Case No. 482 of 2023 dated 31.03.2023.

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

4. The application being CRM (A) 2308 of 2023 is disposed of.

5. 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.)