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Calcutta High CourtCRM (A)/2312/2023allowed

Rahul Pradhan v. State Of West Bengal

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

C.R.M. (A) 2312 of 2023 20.06.2023 Sl. 162 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 Kharagpur (Local) Police Station Case No. 781 of 2022 dated 25.09.2022 under Sections 302/509/506/34 of the Indian Penal Code.

And In the matter of: Rahul Pradhan ....petitioner.

Mr. Milon Mukherjee, Sr. Adv.

Mr. Biswajit Manna ...for the petitioner.

Mr. Rudradipta Nandy, learned APP Ms. Sonali Das Mr. Subrata Roy ...for the State.

1. Heard the learned Counsel for the parties.

2. Father and son have been charged for murdering the wife/mother.

3. It is fairly submitted at the Bar that though a strong suspicion is there against both the accused persons in view of the allegation that both of them had assaulted the deceased in the morning of that day but there is no other connecting evidence. The father of the present petitioner has already been released on bail. Evidence against both the father and son are similar. Charge-sheet is stated to have filed.

4. 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 Chief Judicial Magistrate, Paschim Midnapore, within 15 days from today in

connection with G.R. Case arising out of Kharagpur (Local) Police Station Case No. 781 of 2022 dated 25.09.2022. 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.

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

6. The application being CRM (A) 2312 of 2023 is disposed of.

7. Learned Chief Judicial Magistrate, Paschim Midnapore shall act on the server copy of this order.

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