Calcutta High CourtCRM (A)/2323/2023allowed

Hafij Md @ Ahammad Hafid And ORS v. State Of West Bengal

2023-06-21Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

21.06.2023 (D/L 188) Ct. No.29 Allowed (SKB) CRM (A) 2323 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 310 of 2023 dated 26.03.2023 under Sections 341/323/325/326/506/34 of the Indian Penal Code.

In the matter of : Hafij Md @ Ahammad Hafid and others ... Petitioners Mr. Kaushik Chaudhury, Ms. B. Khatun ... for the petitioners Mr. Saibal Bapuli, Mr. Arijit Ganguly, Mr. Arik Ghatak ... for the State

1. Heard the learned Counsel for the parties.

2. Perused the entire materials as placed before this Court.

3. Considered.

4. It appears to this Court that the injuries of the victim are not so much serious in order to attract the provisions of Section 326 of the IPC prima facie at this stage.

5. Considering the facts and circumstances of this case and keeping in mind that this is not a fit case for custodial interrogation, this court is inclined to allow the anticipatory bail.

6. It is ordered that each of the petitioners in the event of their arrest by the Arresting Officer, shall be released on bail on such terms and conditions as deemed just and

proper in the facts and circumstances of the case in connection with Raiganj Police Station Case No. 310 of 2023 dated 26.03.2023 including the conditions that i) the petitioners shall appear before the I.O. for the purpose of investigation once in a fortnight on the day and time fixed by the I.O. ii) The petitioners shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

7. Within 21 days from today the petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

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

9. The application being CRM(A) 2323 of 2023 is disposed of.

10.

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

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